CITY OF MIAMI BEACH v. STATE EX REL. GERSTEIN

No. 70-655.

242 So.2d 170 (1970)

CITY OF MIAMI BEACH, Leonard Weinstein, Norman Ciment, Robert Goodman, Herbert Magnes and D. Lee Powell, Appellants, v. STATE of Florida ex rel. Richard E. GERSTEIN, Earl Faircloth, Jay Dermer and Jerome G. Greene, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 13, 1971.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Cypen & Nevins, Miami Beach, for appellants.

Earl Faircloth, Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., Paul & Thomson, Miami, for appellees.

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


SWANN, Judge.

A final declaratory decree was entered by the Honorable Charles A. Carroll on July 31, 1953. The decree contained certain findings concerning the foreshore of the Atlantic Ocean within the city limits of Miami Beach, Florida and held:

"That the defendant City of Miami Beach, its councilmen, agents, employees and attorneys be and they and each of them are enjoined and restrained from granting to any upland or riparian owner<...

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