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CITY OF MIAMI v. J.C. VEREEN & SONS, INC.

No. 77-866.

359 So.2d 533 (1978)

CITY OF MIAMI, a Municipal Corporation, Appellant, v. J.C. VEREEN & SONS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

May 30, 1978.

Attorney(s) appearing for the Case

George F. Knox, Jr., City Atty., and G. Miriam Maer, Asst. City Atty., for appellant.

Prunty, Ross, Deloach & Olsen, Miami, for appellee.

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

PER CURIAM.

The appellee, which was the plaintiff below, moved for and obtained a judgment on the pleadings, cancelling a dedication deed made by it to the City of Miami. The City appealed.

In 1953 the appellee, owning property located on the east side of North Miami Avenue, between third and fourth streets, sought a variance to permit certain store fronts to encroach three feet onto City property, for 75 feet of the 300 foot frontage of its property. The...

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