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BAL HARBOUR VILLAGE v. CITY OF NORTH MIAMI

No. 94-2841.

678 So.2d 356 (1996)

BAL HARBOUR VILLAGE, a municipal corporation organized and existing under the laws of the State of Florida, Appellant, v. CITY OF NORTH MIAMI, a municipal corporation organized and existing under the laws of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 11, 1996.

Attorney(s) appearing for the Case

Floyd Pearson Richman Greer Weil Brumbaugh & Russomanno and Gerald F. Richman and Robert J. Borrello, Miami, for appellant.

David M. Wolpin, City Attorney, North Miami, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

COPE, Judge.

Bal Harbour Village appeals a final order dismissing its lawsuit against the City of North Miami. We affirm.

Bal Harbour filed the instant lawsuit against the City of North Miami, seeking to prevent North Miami from building an open-air amphitheater near the shores of Biscayne Bay. Bal Harbour Village is located, at its nearest point, 7,600 feet across Biscayne Bay from North Miami. Concerned primarily about the possibility of excessive noise...

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