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CITY OF MIAMI BEACH v. SCHAUER

No. 57-240.

104 So.2d 129 (1958)

CITY OF MIAMI BEACH, a municipal corporation, and D. Lee Powell, Harold Shapiro, Marcie Liberman, Harold B. Spaet, Bernard A. Frank, Melvin Richard and Kenneth Oka, as Mayor and Councilmen, respectively, of the City of Miami Beach, Appellants, Maurice Rafkin and Robert L. Turchin, Intervenor-Appellants, v. Theresa SCHAUER, Frank Katzentine, Fred Snite and Irwin Green, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 29, 1958.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Miami Beach, and Ben Shepard, Miami, for appellants.

Cypen, Salmon & Cypen, Miami Beach, for intervenor-appellants.

Sibley, Grusmark, Barkdull & King, Miami Beach, for appellees.

CARROLL, CHAS., Chief Judge.

On April 17, 1957, the city council of the City of Miami Beach enacted an ordinance amending the city's comprehensive zoning ordinance. The purpose and effect of the ordinance was to change the zoning on an extensive area fronting on the Atlantic ocean from a private residence or estate district to a multiple family or hotel district. The amendment was accomplished by the required affirmative votes of five of the seven members of the city...

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