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GREEN v. CITY OF MIAMI

No. 58-32.

107 So.2d 390 (1958)

Burton Joseph GREEN, Jean H. Graham, Bert Cates, Kenneth J. Kemp and Retail Liquor Dealers Association of Dade County, a Florida non-profit corporation, Appellants, v. The CITY OF MIAMI, a municipal corporation of the State of Florida, Shell's City, Inc., a Florida corporation, and Earnest Overstreet, Dade County Tax Collector, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 7, 1959.

Attorney(s) appearing for the Case

Pallot, Cassel & Marks and Richard H. Hunt, Miami, for appellants.

William L. Pallot, City Atty., and E.J. Fitzpatrick, Asst. City Atty., Miami, for City of Miami.

Milton M. Ferrell, Miami, for Shell's City, Inc.

Homer Kimbrell, Miami, for Earnest Overstreet.

HORTON, Judge.

Appellants sought to enjoin the issuance of a liquor license to the appellee, Shell's City, Inc., and to invalidate City of Miami ordinance No. 5963, which granted a zoning variance from city ordinance No. 2896. The chancellor found the appellants had failed to carry the burden of proof required to invalidate a municipal ordinance and denied all relief. This appeal followed.

Shell's City is a supermarket which now incorporates under one roof...

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