CITY OF MIAMI v. WYSONG

No. 68-309.

217 So.2d 603 (1969)

CITY OF MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. John D. WYSONG and Forest E. Wysong, His Wife, Appellees.

District Court of Appeal of Florida. Third District.

January 14, 1969.


Attorney(s) appearing for the Case

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

Moore, Welbaum, Zook & Jones, Miami, for appellees.

Before HENDRY and SWANN, JJ., and WHITE, JOSEPH S., Associate Judge.


SWANN, Judge.

The defendant below, City of Miami, appeals from an adverse final decree for the Wysongs.

The Wysongs are the owers of certain real property in Miami, Florida. It is located in a C-4 classification under the city zoning ordinance. This classification permits the erection of gasoline stations. Another provision of the ordinance, however, prohibits a gasoline station within 750 feet of other gasoline stations.

The Wysongs filed a complaint...

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