CITY OF MIAMI BEACH v. BREITBART

No. 77-311.

358 So.2d 564 (1978)

CITY OF MIAMI BEACH, Appellant, v. M. Jack BREITBART, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 26, 1978.


Attorney(s) appearing for the Case

Joseph A. Wanick, City Atty., Reichenthal & Weinstein, Miami, and Lee H. Schillinger, Coral Gables, for appellant.

Stanley D. Caidin, Miami, for appellee.

Before HENDRY, HUBBART and KEHOE, JJ.


KEHOE, Judge.

Appellant, defendant below, brings this appeal from an order on mandate dated January 18, 1977, entered by the trial court. The decretal portion of the order reads as follows:

"CONSIDERED, ORDERED AND ADJUDGED (a) The provision of the zoning ordinance of the City of Miami Beach in so far as it restricts and limits the use of the subject property to PUD-1 zoning is arbitrary, unconstitutional and void. (b) That a transitional...

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