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CITY OF MIAMI v. CARSON

No. 70-102.

237 So.2d 805 (1970)

CITY OF MIAMI, a Municipal Corporation of the State of Florida and Miami National Bank, Appellants, v. Robe B. CARSON and Margaret Carson, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

July 21, 1970.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., and Edward J. Fitzpatrick, Asst. City Atty., Harrison & Kornbluh, Miami, for appellants.

Koeppel, Stark, Marks & Newmark, and Gregory Hoppenstand, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

PER CURIAM.

By this appeal, we are called upon to review the propriety of a final summary judgment, determining a resolution of the appellant-City granting a conditional use for an off-street parking lot to the appellant-Bank was, in effect, void because it is beyond the authority in the City Commission to grant same.

The lot in question is located in a single family use district. The zoning ordinance of the City...

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