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DIAMOND v. CITY OF MIAMI

No. 62-497.

150 So.2d 243 (1963)

Sydney DIAMOND, Appellant, v. CITY OF MIAMI, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 18, 1963.

Attorney(s) appearing for the Case

Monroe Gelb, Miami, for appellant.

Robert D. Zahner, City Atty., and Edward J. Fitzpatrick, Asst. City Atty., William W. Charles, for appellee.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

Affirmed.

CARROLL, Judge (dissenting).

I am impelled to dissent from the majority affirmance of the decree which denied relief and dismissed the cause with prejudice. Diamond has an established and well patronized store fronting on Northwest 27th Avenue between 13th and 14th Streets in Miami. The lots facing 27th Avenue in that block are zoned for business. Those behind them are zoned R-2, two-family residential. Diamond's front lot is...

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