CITY OF MIAMI v. STATE EX REL. ERGENE

No. 61-9.

132 So.2d 474 (1961)

CITY OF MIAMI, Appellant, v. STATE of Florida ex rel. ERGENE, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 18, 1961.


Attorney(s) appearing for the Case

Edward J. Fitzpatrick, Acting City Atty., and John S. Lloyd, Asst. City Atty., Miami, for appellant.

William W. Charles, Miami, for appellee.

Before HORTON, Acting Chief Judge, and CARROLL and BARKDULL, JJ.


PER CURIAM.

This appeal is from a Peremptory Writ of Mandamus which grew out of the revocation of a building permit previously issued to appellee.

The appellee, Ergene, Inc., is the owner of certain real property, zoned for residential use. On May 7, 1958, appellant adopted ordinance No. 6174 granting appellee a variance on the property in question for the construction and operation of a gasoline service station. Subsequent to the adoption of this ordinance...

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