VILLAGE OF VIRGINIA GARDENS v. JOHNSON

No. 61-739.

143 So.2d 692 (1962)

VILLAGE OF VIRGINIA GARDENS, Florida, Gustaf Holmberg, Mayor; L. Edward Steiner, Ted K. Speidel, William E. Hardy, Earnest C. Penland and M.A. Reisert, As Councilmen and Members of the Board of Adjustment of Virginia Gardens, Florida, Appellants, v. William B. JOHNSON and Agnes J. Johnson, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 5, 1962.


Attorney(s) appearing for the Case

Franks & Gordon, Miami, for appellants.

Anderson & Nadeau, Miami, for appellees.

Before HORTON, CARROLL and HENDRY, JJ.


HORTON, Judge.

Appellant Village seeks review of an adverse final decree declaring its zoning ordinance to be unconstitutional and void as bearing no relationship to the health, safety, morals or general welfare of the community as a whole.

The ordinance in question was enacted in 1953 and created a "restricted business district" within which a number of uses, including restaurants, would be permitted. Thereafter, the ordinance was amended by the deletion...

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