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CENTRAL BANK AND TRUST CO. v. CITY OF MIAMI BEACH, FLORIDA

No. 25053.

392 F.2d 549 (1968)

CENTRAL BANK AND TRUST COMPANY as Trustee Under Land Trust No. 65-LT-5-475, and not individually, Appellant, v. CITY OF MIAMI BEACH, FLORIDA, Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1968.

Attorney(s) appearing for the Case

Herbert L. Nadeau, Sidney J. Berger, Shutts & Bowen, Miami, Fla., for appellant.

Joseph A. Wanick, City Atty., by Ira M. Elegant, Asst. City Atty., Miami Beach, Fla., for appellee.

Before BROWN, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.

PER CURIAM:

Property owners attacking the validity of zoning laws have a high wall to surmount. Forty years ago, in the landmark case of Village of Euclid, Ohio v. Ambler Realty Co., 1926, 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303, the Supreme Court established a test that severely limits the power of federal courts to declare zoning statutes and ordinances unconstitutional:

"If the validity of the legislative classification...

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