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CITY OF MIAMI v. FRANKLIN LESLIE, INC.

Nos. 65-234, 65-246.

179 So.2d 622 (1965)

The CITY OF MIAMI, a municipal corporation of the State of Florida, joined by Theodore A. Curtis, Appellants, v. FRANKLIN LESLIE, INC., a Florida corporation d/b/a Pat's Bar & Package Store, Hokes, Inc., a Florida corporation d/b/a Hokes Bar & Package Store, Thomas J. Scanlon d/b/a Marine Bar & Package Store, and Edward Adamski and Irene Adamski, his wife, d/b/a Capac Bar & Package Store, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 24, 1965.

Attorney(s) appearing for the Case

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

Edward J. Dirse, Coral Gables, for Curtis.

Robert J. Lewison, Miami, for appellees.

Before TILLMAN PEARSON, CARROLL and SWANN, JJ.

SWANN, Judge.

This is an appeal by the City of Miami and Theodore A. Curtis, defendants below, from a final decree invalidating a resolution of the Commission of the City of Miami, Florida, which granted the defendant, Curtis, a zoning variance to operate a liquor lounge on his premises.

The defendant Curtis operated a package store within the city limits of Miami. He applied for a variance to operate a liquor lounge thereon, inasmuch as the license was within...

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