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MANDELSTAM v. CITY OF SOUTH MIAMI

No. 95-2753.

685 So.2d 868 (1996)

Rod and Carol MANDELSTAM, Appellants, v. CITY OF SOUTH MIAMI, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 15, 1997.

Attorney(s) appearing for the Case

Eckert, Seamans, Cherin & Mellott, and Stanley B. Price and Eileen Ball Mehta, Miami, for appellants.

Earl G. Gallop, Miami; Johnson, Anselmo, Murdoch, Burke & George, and Richard H. McDuff, Ft. Lauderdale, for appellees.

Before BARKDULL, NESBITT and COPE, JJ.

NESBITT, Judge.

Rod and Carol Mandelstam purchased a parcel of real property with RS-3 zoning, on Red Road near Dante Fascell Park. The City of South Miami zoning ordinance provides public and private schools are permitted uses in R-3 zones. Shortly after the purchase, appellants applied for a special use permit to build a gymnastics school. Thereafter, the city commission met and denied the permit concluding that a "school...

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