CITY OF MIAMI BEACH v. AMOCO OIL CO.

No. 86-1764.

510 So.2d 609 (1987)

CITY OF MIAMI BEACH, Appellant, v. AMOCO OIL COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 19, 1987.


Attorney(s) appearing for the Case

Walsh, Theissen and Boyd and Gilbert E. Theissen, Fort Lauderdale, for appellant.

Lustig & Schillinger and Lee Schillinger, Coral Gables, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


NESBITT, Judge.

We affirm the trial court's final judgment holding City of Miami Beach zoning ordinance No.-1891, section 27-1.D.3 unenforceable. Although we agree with the result reached by the trial court, we base our holding on the grounds asserted by Amoco Oil Company (Amoco) in its cross-appeal. See In re Yohn's Estate, 238 So.2d 290 (Fla. 1970); Crown Life Ins. Co. v. Garcia, 424 So.2d 893

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