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ALLAPATTAH COMMUNITY ASSOCIATION, INC. v. CITY OF MIAMI

No. 79-1190.

379 So.2d 387 (1980)

ALLAPATTAH COMMUNITY ASSOCIATION, INC. OF FLORIDA, a Non-Profit Corporation, and Martin Spellman and Patricia Spellman, His Wife, Residents and Taxpayers of the City of Miami, Appellants, v. CITY OF MIAMI, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

January 8, 1980.

Attorney(s) appearing for the Case

John Lazarus, Miami, Legal Services of Greater Miami, for appellants.

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

Before HAVERFIELD, C.J., and SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

Notwithstanding the strong recommendation of its planning department and a 4-1 decision of the Planning Advisory Board to the contrary, and over the vigorous objections of the vast majority of the residents of the affected area, the City of Miami Commission changed the zoning of a portion of the Allapattah community from residential (R-3, R-4) to commercial (C-5) usage. We find that the rezoning was not based upon any factually supported or legally...

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