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CITY OF MIAMI BEACH v. HESSICK

No. 59-398.

117 So.2d 763 (1960)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. Frederick A. HESSICK and Sydney May Hessick, His Wife, and Tida L. Dellea, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 26, 1960.

Attorney(s) appearing for the Case

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

Robert C. Lane and Curtiss B. Hamilton, Miami, for appellees.

PEARSON, Judge.

The City of Miami Beach was defendant in an action by which the owners of certain real estate sought a decree to declare unlawful the zoning classification of the property. After an extensive trial the chancellor entered the final decree as follows:

"The Court has considered carefully the evidence submitted at the trial of the cause and the oral arguments of counsel. "The plaintiffs have shown, by convincing and adequate proof, that...

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