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GALBUT v. CITY OF MIAMI BEACH

No. 92-86.

605 So.2d 466 (1992)

Russell GALBUT, Appellant, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing October 13, 1992.

Attorney(s) appearing for the Case

David H. Nevel, Miami Beach, for appellant.

Laurence Feingold, City Atty., and Jean K. Olin, First Asst. City Atty., Miami Beach, for appellee.

Before FERGUSON, COPE and LEVY, JJ.

COPE, Judge.

Russell Galbut appeals a declaratory judgment which construed Florida's anti-nepotism law, section 112.3135, Florida Statutes (1991). We reverse.

For ten years Russell Galbut served as a member of the Miami Beach Board of Adjustment, which rules on zoning appeals. The members of the Board serve without compensation. Members of the Board are chosen by a five-sevenths vote of the Miami Beach City Commission...

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