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CITY OF MIAMI v. ZOROVICH

No. 66-115.

195 So.2d 31 (1967)

The CITY OF MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. Sam ZOROVICH, Jerome H. Weinkie and Alan B. Kessler, Appellees.

District Court of Appeal of Florida. Third District.

February 7, 1967.

Attorney(s) appearing for the Case

Richard B. Stone, City Atty., Edward J. Fitzpatrick, Asst. City Atty., and Horton & Schwartz, Miami, for appellant.

William W. Charles, Watson & Watson, and Sam Daniels, Miami, for appellees.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.

PEARSON, Judge.

The City of Miami appeals a final decree which holds invalid its zoning classification of a plot of land located adjacent to Biscayne Bay. The City was defendant in the trial court, and the appellees, Sam Zorovich, Jerome H. Weinkle, and Alan B. Kessler, were the plaintiffs.

The complaint1 alleged that the present zoning classification of appellees' property "* * * which prohibits motels is arbitrary, void, unreasonable...

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