LEIBOWITZ v. CITY OF MIAMI BEACH

No. 91-1484.

592 So.2d 1213 (1992)

Matthew L. LEIBOWITZ and Debra Leibowitz, Appellants, v. The CITY OF MIAMI BEACH, a Florida Municipal Corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

January 28, 1992.


Attorney(s) appearing for the Case

Matthew L. Leibowitz and Anthony T. Lepore, Miami, for appellants.

Laurence Feingold, City Atty. and Patrick N. Brown, First Asst. City Atty., for appellee City of Miami Beach.

Pardo & Pardo and Joseph Pardo, Miami, for appellee Joseph Pardo.

Before JORGENSON, LEVY and GODERICH, JJ.


GODERICH, Judge.

The plaintiffs, Matthew and Debra Leibowitz [the Leibowitzes], appeal from a final judgment finding that the City of Miami Beach [the City] had not abandoned an easement which runs immediately adjacent to their home. We affirm.

The easement, which was dedicated in 1939 "for street and sidewalk purposes," is a twenty foot strip of land running from the main street to Biscayne Bay and widening to thirty feet at the bay. An aerial photograph...

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