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CITY OF CORAL GABLES v. BRIGHAM

No. 74-1465.

321 So.2d 615 (1975)

CITY OF CORAL GABLES, a Municipal Corporation of Florida, Appellant, v. E. F. P. BRIGHAM, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 3, 1975.

Attorney(s) appearing for the Case

Charles H. Spooner, City Atty., and Robert D. Zahner, Asst. City Atty., for appellant.

Sinclair, Louis & Siegel, Brigham & Brigham, Miami, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

The City of Coral Gables appeals from a summary judgment allowing E.F.P. Brigham to keep a tool shed on his residential property, which had been prohibited by the City. Brigham cross-appeals because the trial judge did not declare two sections of the Zoning Code of the City to be unconstitutional, as he had requested.

From the record, it appears that Brigham had had a tool shed in the backyard of his single family home for twenty years. He saw...

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