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CITY OF MIAMI BEACH v. UCHITEL

No. 74-645.

305 So.2d 281 (1974)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. Hyman UCHITEL, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1974.

Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Sibley, Giblin, Levenson & Ward, Miami, for appellant.

Katz & Merritt, Deerfield Beach, Harvey J. St. Jean, Miami Beach, for appellee.

Before HENDRY, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

The City of Miami Beach, defendant in the trial court, seeks review of an adverse final judgment in an action for declaratory and injunctive relief.

Hyman Uchitel, the plaintiff-appellee, owns and operates a restaurant in a large apartment building on Miami Beach, located in a district zoned for hotel, apartment house and apartment-hotel use only. Mr. Uchitel began advertising his restaurant in the newspaper and on television, whereupon the City...

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