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TOWN OF BAY HARBOR ISLANDS v. BURK

No. 58-374.

114 So.2d 225 (1959)

TOWN OF BAY HARBOR ISLANDS, Florida, Appellant, v. Morris S. BURK and Walter Troutman, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 4, 1959.

Attorney(s) appearing for the Case

Keen, O'Kelley & Spitz, Tallahassee, and Lewis Horwitz, Miami Beach, for appellant.

Schwarz & Zinn and Bart L. Cohen, Miami, for appellees.

PEARSON, Judge.

This is an appeal from a final decree determining a zoning ordinance of the Town of Bay Harbor Islands, Florida to be invalid, as it affects four lots in said municipality. The ordinance in question restricted the use of lots in a designated district by limiting the height of buildings in that district to four stories. The complaint alleged:

"The said Zoning Ordinance No. 108 as applied to the plaintiffs...

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