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CITY OF MIAMI v. WALKER

No. 64-300.

169 So.2d 842 (1964)

The CITY OF MIAMI, Appellant, v. Thomas B. WALKER, Jr., and Edward Laurence, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 6, 1965.

Attorney(s) appearing for the Case

John R. Barrett, City Atty., and Jack R. Rice, Jr., Asst. City Atty., for appellant.

William W. Charles, Edward C. Vining, Jr., Miami, for appellees.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

The City of Miami appeals a final decree which held unconstitutional as applied to the appellees' property the distance limitations between filling or service stations contained in ordinance #6871 of the comprehensive zoning ordinances of the City of Miami.

The ordinance in question placed the appellees' property in a C-4 district which permitted the erection of filling stations subject to the limitation...

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