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CITY OF MIAMI BEACH v. KLINE

No. 65-952.

189 So.2d 503 (1966)

CITY OF MIAMI BEACH, a Municipal Corporation, Appellant, v. Arthur J. KLINE and Sheila Kline, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 15, 1966.

Attorney(s) appearing for the Case

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

Klein, Moore & Kline, Miami Beach, and Donald M. Klein, South Miami, for appellees.

Before PEARSON, BARKDULL and SWANN, JJ.

PEARSON, Judge.

The plaintiffs, property owners in the City of Miami Beach, filed a complaint in the Circuit Court of Dade County, Florida, against the defendant, the City of Miami Beach, alleging that the defendant was maintaining a nuisance, specifically as to them, as well as to other residents in the immediate neighborhood of their home. The nuisance complained of was denominated by the defendant as a "trim dump", but the complaint alleged that it was, in reality...

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