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FOX v. BANCROFT HOTEL ASSOCIATES, INC.

Nos. 59-749, 59-759.

128 So.2d 771 (1961)

Michael J. FOX, as Chief of the Division of Police of the City of Miami Beach, et al., Appellants, v. BANCROFT HOTEL ASSOCIATES, INC., et al., Appellees. MIAMI BEACH APARTMENT ASSOCIATION, a non-profit organization, Appellant, v. BANCROFT HOTEL ASSOCIATES, INC., a corporation; David Diamond; and South Shore Hotel Association, a Non-Profit corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 3, 1961.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Miami Beach, for Michael J. Fox, as Chief of the Division of Police of the City of Miami Beach, Florida; and the City of Miami Beach, a municipal corporation of the State of Florida, appellants.

Sibley, Grusmark, Barkdull & King, Miami Beach, for Miami Beach Apartment Ass'n, a non-profit organization, appellant.

Ben Cohen, Miami Beach, and John Marsh, Miami, for appellees.

WALDEN, JAMES H., Associate Judge.

This appeal is from a final decree declaring an ordinance of the city of Miami Beach unconstitutional. The ordinance inter alia prohibited the use of a stove, "hot plate" or other such device in any single family unit containing less than four hundred square feet.

Appellees were plaintiffs below. Appellant, Miami Beach Apartment Association, was an intervenor and the other appellants were defendants below.

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