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CITY OF SOUTH MIAMI v. MARTIN BROTHERS, INC.

No. 68-872.

222 So.2d 775 (1969)

CITY OF SOUTH MIAMI, a Municipal Corporation of the State of Florida, Appellant, v. MARTIN BROTHERS, INC., a Florida Corporation, and Estate of Victoria Fascell, Deceased, Appellee.

District Court of Appeal of Florida. Third District.

May 20, 1969.

Attorney(s) appearing for the Case

Frank J. Kelly, Miami, for appellant.

Turner, Hendrick, Fascell, Guilford, Goldstein & McDonald, Coral Gables, for appellee.

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

PER CURIAM.

This is an appeal by the defendant below from an adverse judgment directing the defendant city to rezone certain property, liberalizing the zoning thereon to a designated classification.

The appellee Fascell estate owned 2.3 acres of unimproved property fronting on Red Road in the City of South Miami, zoned for single family residential use.

The appellee Martin Brothers, Inc., entered into an agreement with the owner to purchase the property...

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