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METROPOLITAN DADE COUNTY v. SHIVER

No. 78-2031.

365 So.2d 210 (1978)

METROPOLITAN DADE COUNTY, Florida, a Political Subdivision of the State of Florida, Appellant, v. Otis W. SHIVER, Individually, North Dade Oceanfront Resort Owners Association, an Unincorporated Association, Marco Polo Hotel, a Florida Corporation, Serita Elwood, Individually and Shiver Enterprises, Inc., a Florida Corporation, Appellees, and Miami Dolphins, Ltd., a Florida Limited Partnership, Intervenor/Appellee.

District Court of Appeal of Florida, Third District.

December 12, 1978.

Attorney(s) appearing for the Case

Stuart L. Simon, County Atty., for appellant.

Frates, Floyd, Pearson, Stewart, Richman & Greer and Gerald F. Richman, Paul & Thomson and Jon W. Zeder, Miami, for appellees.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

HUBBART, Judge.

This is an action for declaratory and injunctive relief seeking to restrain the holding of a referendum election on a certain county tax ordinance in the Circuit Court for the Eleventh Judicial Circuit of Florida. The trial court granted the injunction from which an appeal was taken to this court. After full briefs and argument, this court entered an order reversing the order under review and placed the said election issue back on the November 7, 1978...

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