CITY OF MIAMI BEACH v. BREITBART

No. 72-1011.

280 So.2d 18 (1973)

CITY OF MIAMI BEACH, a Municipal Corporation Created and Existing under the Laws of the State of Florida, Appellant, v. M. Jack BREITBART and Dorothy Breitbart, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 23, 1973.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., for appellant.

Caidin, Rothenberg, Kogan & Kornblum, Miami, for appellees.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


PER CURIAM.

This is the second appearance of this zoning case before us. In City of Miami Beach v. Breit Bay, Inc., Fla.App. 1966, 190 So.2d 354, we upheld a final decree enjoining the city from restricting the use of this property for single-family purposes. In our prior decision the property in question was described in the following manner: (190 So.2d at 355)

"The appellee's property is `an island surrounded by roads...

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