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RHODES v. CITY OF HOMESTEAD

No. 70-728.

248 So.2d 674 (1971)

James Fred RHODES, Jr., and Betty Joy Lee Rhodes, His Wife, and Robert Barnett and Marion Barnett, His Wife, Appellants, v. CITY OF HOMESTEAD, a Municipal Corporation, and Faye Bogner, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1971.

Attorney(s) appearing for the Case

Marcus & Barry, Homestead, for appellants.

Thomas J. Walsh, Homestead, for City of Homestead.

Frates, Floyd, Pearson & Stewart, and Alan G. Greer, Miami, for Faye Bogner.

Before CHARLES CARROLL, BARKDULL and HENDRY, JJ.

PER CURIAM.

Appellants sued the City of Homestead and the individual defendant, seeking to have a special use permit, issued to the latter by the city to conduct a real estate business in a zoned residential area declared to be invalid and to enjoin the exercise thereof. The complaint charged the permit was issued illegally by the city in that the city failed to give notice and conduct a public hearing after notice, as required by the city charter. In addition, the...

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