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CITY OF MIAMI v. THOMPSON

No. 63-266.

159 So.2d 877 (1964)

CITY OF MIAMI, a municipal corporation, Appellant, v. Horace THOMPSON, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 13, 1964.

Attorney(s) appearing for the Case

John R. Barrett, City Atty., and Edward J. Fitzpatrick, Asst. City Atty., for appellant.

William W. Charles, Miami, for appellee.

Before BARKDULL, C.J., and HORTON and HENDRY, JJ.

PER CURIAM.

The City of Miami appeals a final decree which invalidated the distance provisions contained in the city's comprehensive zoning ordinance relating to the erection of gasoline filling stations.

Under the ordinance, filling stations were permissible within the area where appellee's property was located, provided they were more than 350 yards from a "church, hospital, school or other such institution where...

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