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THOMPSON v. CITY OF MIAMI

No. 27219.

417 F.2d 1112 (1969)

Horace THOMPSON, Plaintiff-Appellee, v. CITY OF MIAMI, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 2, 1969.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., Edward J. Fitzpatrick, Jack R. Rice, Jr., Asst. City Attys., Miami, Fla., for defendant-appellant.

Peter C. Jones, Miami, Fla., for appellee; Moore, Welbaum, Zook & Jones, Miami, Fla., of counsel.

Before GOLDBERG, DYER and CARSWELL, Circuit Judges.

PER CURIAM:

In the District Court the appellee, Thompson, successfully challenged as unconstitutional the validity of Article IV, Section 25, of Ordinance No. 6871 of the City of Miami, which permits gasoline filling stations in zoning classification C-2 but prohibits their location within 750 feet of an existing station and within 1050 feet of a church or school. Thompson's property is located in the C-2 zoning classification and is within 565 feet from an existing...

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