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CITY OF MIAMI BEACH v. BROIDA

No. 77-1587.

362 So.2d 19 (1978)

CITY OF MIAMI BEACH, a Florida Municipal Corporation, Appellant, v. Edith H. BROIDA and Alvin E. Horowitz, As Personal Representatives of the Estate of Ann Horowitz and Toby Prince Brigham, As Administrator Ad Litem of Moe Horowitz, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 27, 1978.

Attorney(s) appearing for the Case

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

Brigham, Reynolds & Byrne and Toby Prince Brigham, Miami, for appellees.

Before BARKDULL and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

NATHAN, Judge.

This is an appeal by the City of Miami Beach from an order dismissing a petition in an eminent domain action seeking to condemn the property of Moe and Ann Horowitz for a public purpose, namely, completion of the civic-convention center complex land plan, based on Miami Beach City Council Resolution No. 73-14217, authorizing the acquisition for that purpose.

Following an evidentiary hearing pursuant to Section 73.061, Florida Statutes (1977...

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