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CLAUGHTON HOTELS v. CITY OF MIAMI

No. 61-201.

140 So.2d 608 (1962)

CLAUGHTON HOTELS, INC., Appellant, v. The CITY OF MIAMI, a Municipal Corporation; Robert Durkin, Acting Tax Collector of the City of Miami; Wendell Bailey, Finance Director of the City of Miami; Walter Elwell, Tax Assessor of the City of Miami; Metropolitan Dade County, Florida; John A. Gautier, Tax Assessor of Dade County, Florida; Earnest Overstreet, Tax Collector of Dade County, Florida; and Ray E. Green, Comptroller of the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 24, 1962.

Attorney(s) appearing for the Case

Dean, Adams, Fischer & Gautier, Miami, for appellant.

Darrey A. Davis, County Atty., St. Julien P. Rosemond, Asst. County Atty., and S.R. Sterbenz, Asst. City Atty., for appellees.

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

BARKDULL, Judge.

Appellant, plaintiff below, brought the original action seeking a determination of its rights under a written easement agreement, covering an "arcade way" under the south 12 1/2 feet of the Urmey Hotel, located in Miami, Florida. Said agreement was between its predecessor in title, Urmey Hotel Company, and the appellee, City of Miami, wherein the City of Miami was granted a 12 1/2 foot easement, "* * * for the use and benefit of the public for sidewalk...

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