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TREISTER v. CITY OF MIAMI

No. 88-2236.

537 So.2d 1140 (1989)

Kenneth TREISTER, et al., Petitioners, v. CITY OF MIAMI, etc., Respondent.

District Court of Appeal of Florida, Third District.

February 14, 1989.

Attorney(s) appearing for the Case

Brigham, Moore, Gaylord, Wilson, Ulmer, Schuster & Sachs and Toby Brigham and Alan S. Deserio, Ft. Lauderdale, Kenny, Nachwalter & Seymour and Paul M. Bunge and Eileen L. Tilghman, Miami, for petitioners.

Thomson, Bohrer, Werth & Razook and Gary M. Held, Jorge L. Fernandez, City Atty. and Joel Maxwell, Asst. City Atty., Joseph Z. Fleming, Miami, for respondent.

Before SCHWARTZ, C.J., JORGENSON, J., and JOHN G. FERRIS, Associate Judge.

PER CURIAM.

This is an application for certiorari review of the affirmance of a City of Miami Commission resolution denying an application for a change of zoning. We conclude, in the light of the evidence concerning the surrounding area, the adverse recommendations of the City staff, the arguable violation of the applicable land use plan, and the failure to show that the property could not be economically used if the proposal were not adopted that the merits of the...

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