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CITY OF NORTH MIAMI BEACH v. BERNAY

No. 59-729.

117 So.2d 863 (1960)

CITY OF NORTH MIAMI BEACH, a Municipal Corporation, Appellant, v. Philip BERNAY, Individually and On Behalf of All Residents of the Area Commonly Known As East View Manor and Dade County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 4, 1960.

Attorney(s) appearing for the Case

Anderson & Nadeau and Michael A. Pelle, Miami, for appellant.

Fowler, White, Gillen, Humkey & Trenam and Richard S. Banick, Miami, for Philip Bernay.

Darrey A. Davis, County Atty., and Thomas C. Britton, Asst. County Atty., Miami, for Dade County.

HORTON, Chief Judge.

The appellee Bernay brought an action for declaratory relief for himself and on behalf of all residents of an area known as East View Manor in Dade County, Florida, seeking a determination as to the validity of certain prior decrees which incorporated by annexation the area in question into the City of North Miami Beach. The complaint sought injunctive relief against the City from levying and collecting...

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