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MIAMI TELE-COMMUNICATIONS, INC. v. CITY OF MIAMI

No. 90-0517-CIV.

743 F.Supp. 1573 (1990)

MIAMI TELE-COMMUNICATIONS, INC., Plaintiff, v. CITY OF MIAMI; Xavier Suarez, in his official capacity as Mayor of the City of Miami; Miller J. Dawkins, in his official capacity as Vice Mayor of the City of Miami; J.L. Plummer, Jr., Miriam Alonso and Victor De Yurre, in their official capacities as Commissioners of the City of Miami; Jorge L. Fernandez, in his official capacity as City Attorney for the City of Miami; and Cesar Odio, in his official capacity as City Manager of the City of Miami, Defendants.

United States District Court, S.D. Florida, Miami Division.

July 19, 1990.

Attorney(s) appearing for the Case

John T. Kolinski, Miami, Fla., for plaintiff.

Charles C. Mays, Miami, Fla., for defendants.

FINAL JUDGMENT

RYSKAMP, District Judge.

This cause is before the court upon conclusion of a nonjury trial. After careful consideration of the parties' memoranda and the evidence and arguments presented at trial, the court concludes that the City of Miami's imposition of a penalty against the plaintiff is improper, and the plaintiff is entitled to a declaratory judgment and injunctive relief.

I. BACKGROUND

In 1980, the Miami City Commission...

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