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CITY OF MIAMI BEACH v. ARTHREE, INC.

Nos. 72-36, 72-90.

269 So.2d 699 (1972)

CITY OF MIAMI BEACH, a Municipal Corporation Created and Existing under the Laws of the State of Florida, Appellant, v. ARTHREE, INC., a Florida Corporation, et al., Appellees. Howard KASKEL et al., Appellants, v. ARTHREE, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 20, 1972.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., and Lionel Barnet, Asst. City Atty., for the City of Miami Beach.

Sibley, Giblin, Levenson & Ward, Miami, for Kaskel and others.

Herbert M. Klein, Miami, for the State Beverage Dept. of Florida.

Kovner, Mannheimer, Greenfield & Cutler and Steven J. Rose, Miami, for all other appellees.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PEARSON, Judge.

This is a consolidated appeal brought by the defendant City of Miami Beach and certain intervenors asking review of a summary final judgment entered in favor of the plaintiffs in a declaratory judgment action. The intervenors operate two luxury hotels on the Miami Beach oceanfront; the plaintiffs-appellees operate a building complex known as the Carriage House Apartment Hotel in the same area. The defendant City and the intervenors both urge reversal...

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