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CITY OF MIAMI v. SILVER

No. 71-133.

257 So.2d 563 (1972)

The CITY OF MIAMI, a Municipal Corporation, Appellant, v. Sam I. SILVER et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 24, 1972.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., Horton, Schwartz & Perse, Miami, for appellant.

Sibley, Giblin, Levenson & Ward, Miami Beach, John R. Farrell, Miami, for appellees.

John G. Immer, Miami for Coconut Grove Civic Club, amicus curiae.

Beckham & McAliley, and William Huggett, Miami, for Tigertail Ass'n, amicus curiae.

Adams, George & Wood, Miami, for Citizens League, amicus curiae.

Richard L. Lapidus, Miami, for Tropical Audubon Soc., amicus curiae.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PEARSON, Judge.

The City of Miami appeals from a final judgment which holds:

"1. The present R-1, single family residential zoning restrictions on the Plaintiffs' property bears no relationship whatsoever between the need for zoning restriction and the public health, safety, morals or general welfare. "2. The present R-1, single family residential zoning use limitation and restriction upon the subject property is ill-founded, unreasonable, and arbitrary...

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