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CARLSON v. TOWN OF WEST MIAMI

No. 58-749.

118 So.2d 835 (1960)

Harry J. CARLSON and Mary E. Carlson, His Wife, Appellants, v. TOWN OF WEST MIAMI, a Municipal Corporation Organized and Existing under Laws of the State of Florida; Edmund P. Cooper, Mayor, and Matthew M. Slepin, Robert F. Hudson, Willard H. Bender, Harvey H. Stahl, and Lynne Levin, Councilmen of Said Municipal Corporation; and Mildred Dorris, Town Clerk of Said Municipal Corporation, Appellees.

District Court of Appeal of Florida. Third District.

March 17, 1960.

Attorney(s) appearing for the Case

Van Buren Vickery and Robert C. Birmelin, Miami, for appellants.

Allen Clements, Jr., Miami, for appellees.

CARROLL, CHAS., Judge.

This is an appeal by the plaintiffs below, from an adverse summary final decree rendered in an equity suit in the Circuit Court in Dade County.

Appellants, desiring to make an unauthorized enlargement of a non-conforming use on property owned by them in the Town of West Miami, petitioned the town Planning and Zoning Board for a variance, which the board denied on July 9, 1958. The owners then appealed that decision to the Town Council...

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