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CITY OF MIAMI BEACH v. MILLER

No. 61-583.

140 So.2d 317 (1962)

CITY OF MIAMI BEACH, Florida, a Municipal Corporation, Appellant, v. Dr. Ben MILLER and Louise S. Miller, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 14, 1962.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Attorney, for appellant.

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.

PER CURIAM.

This is an appeal by the City of Miami Beach from a final decree enjoining the City from enforcing its zoning ordinance which limits the use of the property of plaintiffs to single family purposes. The trial court found "* * * there has been such substantial change in the character of the neighborhood and the type and character of activities in the area in which said land is located, and in the activities and character of the defendant municipality * ...

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