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CITY OF MIAMI v. WHEELER

No. 68-943.

223 So.2d 47 (1969)

The CITY OF MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. Dan G. WHEELER, Sr., and Rena M. Wheeler, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

May 27, 1969.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and Edward J. Fitzpatrick, Asst. City Atty., for appellant.

Wheeler & Evans, Miami, for appellees.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.

PER CURIAM.

The City of Miami appeals from a judgment for the plaintiff in a cause brought to declare existing zoning invalid as it applied to plaintiff's property. The trial judge who heard the testimony made extensive findings of fact. The findings are supported by the evidence.

The City challenges the sufficiency of these facts to support the legal conclusion reached. It urges that the legality of the existing zoning is a question which falls within the...

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