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CITY OF MIAMI v. duPONT

No. 65-391.

181 So.2d 599 (1965)

CITY OF MIAMI, a municipal corporation of Florida, and Alice C. Wainwright, Appellants, v. Willis duPONT and Miren duPont, his wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 26, 1966.

Attorney(s) appearing for the Case

John R. Barrett, City Atty., Edward J. Fitzpatrick, Asst. City Atty., William W. Charles, Horton & Schwartz, Miami, for appellants.

John W. Prunty, Miami, for appellees.

Before CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

By this appeal the defendant City of Miami and the intervenor-defendant Alice C. Wainwright seek reversal of a decree invalidating an inflexible zoning provision which restricted boathouses on residential property to twenty feet in width, forty feet in depth and fifteen feet in height. The circumstances of the case, and the legal propositions involved were set out in the comprehensive final decree entered by the chancellor as follows:

"The plaintiffs...

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