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TOWN OF BAY HARBOR ISLANDS v. DRIGGS

No. 86-3177.

522 So.2d 912 (1988)

TOWN OF BAY HARBOR ISLANDS, Appellant, v. John DRIGGS and Said Haddad, As Partners Comprising H.D.W. Partnership, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 25, 1988.

Attorney(s) appearing for the Case

Fine, Jacobson, Schwartz, Nash, Block & England and Stuart L. Simon and Stanley B. Price and Carter N. McDowell; Craig Sherman, Miami, for appellant.

Buchbinder & Elegant and Carolina A. Echarte and Ira M. Elegant, Miami, for appellees.

Before BASKIN, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

The Town of Bay Harbor Islands appeals from a final judgment holding a land use restriction ordinance procedurally and substantively unconstitutional. We reverse.

On March 14, 1977, the Town passed Ordinance 314 providing in pertinent part:

Section 1: That Section 1 of Ordinance 108 be and the same is hereby amended by adding thereto the following: Parking Areas: Shall be limited...

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