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CITY OF MIAMI BEACH v. BREIT BAY, INC.

No. 65-1017.

190 So.2d 354 (1966)

CITY OF MIAMI BEACH, a Municipal Corporation, Created and Existing under the Laws of the State of Florida, Appellant, v. BREIT BAY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 18, 1966.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., for appellant.

Edgar Lewis, Miami, for appellee.

Before PEARSON, CARROLL and SWANN, JJ.

SWANN, Judge.

This appeal by the City of Miami Beach, Florida seeks reversal of a final decree which enjoins the City from restricting the use of the appellee's property for single-family purposes.

The property involved in this litigation was formerly waterfront residential property on the Miami Beach side of Biscayne Bay, just north of 41st Street, and had been purchased many years prior to the construction of the Julia Tuttle Causeway. Under a zoning ordinance...

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