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CITY OF MIAMI BEACH v. ROYAL CASTLE SYSTEM, INC.

No. 60-260.

126 So.2d 595 (1961)

CITY OF MIAMI BEACH, a Municipal corporation; Morris N. Lipp, Joe Cohen, Leo Eisenstein, Joseph H. Gardner and Ben Giller, as members of and constituting the Board of Adjustment of the City of Miami Beach, Appellants, v. ROYAL CASTLE SYSTEM, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 24, 1961.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Miami Beach, for appellants.

Brigham, Wright & Goodwin, Stone & Bittel, Miami, for appellee.

CARROLL, CHAS., Judge.

The appellants, who are the City of Miami Beach and the members of its Zoning Board of Adjustment, appeal from a judgment of the circuit court in certiorari quashing a ruling of the Board which had denied appellee a building permit.

Appellee operates a chain of street-side lunch counter type eating places specializing in hamburgers, under the name of Royal Castle. The Board, relying on an opinion to that effect by the city attorney,...

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