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FOGG v. CITY OF SOUTH MIAMI

No. 65-369.

183 So.2d 219 (1966)

E.G. FOGG, III, and A.S. Fogg, d/b/a A. & E. Investment Company, Appellants, v. CITY OF SOUTH MIAMI, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 9, 1966.

Attorney(s) appearing for the Case

William W. Charles, Miami, for appellants.

George B. Hardie, Jr., South Miami, for appellee.

Before HENDRY, C.J., and TILLMAN PEARSON and CARROLL, JJ.

TILLMAN PEARSON, Judge.

The appellant owns property in the City of South Miami. The property is zoned for business, but its C-1 classification is subject to a provision which prohibits "a drive-in operation."1 The appellant was denied a building permit to build a dairy products retail store because the type of store planned was one where the customer drives in and purchases the products without getting out of his car. Appellant filed a...

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