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CITY OF MIAMI BEACH v. FORTE TOWERS, INC.

No. 44936.

305 So.2d 764 (1974)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. FORTE TOWERS, INC., a Florida Corporation, Appellee.

Supreme Court of Florida.

Rehearings Denied January 27, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., J. Robert Olian, Asst. Atty. Gen., Joseph A. Wanick, City Atty. Yale Freeman, Asst. City Atty., Tobias Simon of Tobias Simon and Elizabeth duFresne, Miami, and Jack Sobell, for appellant.

Wm. Snow Frates, Ray H. Pearson, James D. Little and Andrew C. Hall of Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, for appellee.

Ralph A. Marsicano, Tampa, and Burton M. Michaels, Tallahassee, for Fla. League of Cities, Inc., as amicus curiae.

Marion E. Sibley of Sibley, Giblin, Levenson & Ward, Miami Beach, for amicus curiae.

PER CURIAM.

Jurisdiction of this direct appeal from the Circuit Court of Dade County vests under Art. V, § 3(b)(1), Fla. Const., the trial court having expressly held unconstitutional F.S. § 166.021 relating to municipal home rule (a portion of Ch. 73-129, Laws of Florida, 1973).

It is the unanimous opinion of this Court that F.S. § 166.021 is constitutionally valid, as more fully set forth in the special concurring opinion of Mr. Justice Dekle...

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