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ELWYN v. CITY OF MIAMI

No. 58-653.

113 So.2d 849 (1959)

Helen M. ELWYN, a single woman, and Nelly Wilson, a widow, Appellants, v. CITY OF MIAMI, a municipal corporation of the State of Florida, Elgene, Inc., a Florida corporation, and Mary Loi, a single woman, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 2, 1959.

Attorney(s) appearing for the Case

Franklin Parson, Miami, Robert D. Zahner and Alice Wainwright, Coconut Grove, for appellants.

Dubbin, Blatt & Schiff, William L. Pallot, City Attorney, and Edward Fitzpatrick, Asst. City Atty., Miami, for appellees.

CARROLL, CHAS., Chief Judge.

Appellants, plaintiffs below, appeal from an order of the circuit court dismissing their complaint by which they sought a decree to invalidate an ordinance allowing a zoning variance. The question for our determination is whether the complaint stated a cause of action.

The complaint, summarized, showed the following:

The City Commission of the City of Miami granted a variance permit, on the application of the appellee Elgene...

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