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SPECIALTY RESTAURANTS CORP. v. CITY OF MIAMI

Nos. 86-252, 86-325.

501 So.2d 101 (1987)

SPECIALTY RESTAURANTS CORP., and Biscayne Bay Restaurants Corp., Appellants, v. CITY of MIAMI, Horatio Enterprises, Inc., Marina Biscayne, Inc., Martin Rabin, Marilyn Rabin and Stanley Rabin, Appellees. HORATIO ENTERPRISES, INC., Appellant, v. Specialty Restaurants Corp., Biscayne Bay Restaurants Corp., and City of Miami, Appellees.

District Court of Appeal of Florida, Third District.

January 20, 1987.

Attorney(s) appearing for the Case

Robinson & Greenberg and Barry N. Greenberg and Carol L. Cox, Coral Gables, for appellants/appellees Specialty Restaurants Corp. and Biscayne Bay Restaurants Corp.

Lucia A. Dougherty, City Atty., and John J. Copelan, Jr., and Rafael E. Suarez-Reivas, Asst. City Attys., Miami, for appellee City of Miami.

John G. Fletcher, South Miami, for appellees Marina Biscayne and Rabins.

Lapidus & Frankel and Richard L. Lapidus, Miami, for appellee/appellant Horatio Enterprises.

Before BARKDULL, HENDRY and HUBBART, JJ.

HENDRY, Judge.

Plaintiffs Specialty Restaurants Corp. and Biscayne Bay Restaurants Corp. (Specialty) are lessees under a 1970 lease with the City of Miami, whereby Specialty owns and operates a restaurant on Key Biscayne known as the Rusty Pelican Restaurant.1 The city leased the adjacent property to Marina Biscayne, Inc. (Marina) in July, 1977. The 1977 lease (master lease) provides for the development of a marina and marina support facilities...

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