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CITY OF MIAMI BEACH v. CHISHOLM PROP. SOUTH BEACH, INC.

Nos. 3D01-3294, 3D01-3298.

830 So.2d 842 (2002)

The CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, v. CHISHOLM PROPERTIES SOUTH BEACH, INC., Beach Hotel Associates Limited Partnership, the Decoplage Condominium Association, Inc., Juan Jover, and RPH Hotel Associates, LLC, Respondents. RPH Hotel Associates, LLC, a Delaware Limited Liability Company, successor by merger to Ritz Plaza Hotel Corporation, a Florida Corporation, Petitioner, v. Chisholm Properties South Beach, Inc., Beach Hotel Associates Limited Partnership, the Decoplage Condominium Association, Inc., Juan Jover, Ian Shrager Hotel Management, LLC, the City of Miami Beach, the City of Miami Beach Zoning Board of Adjustment, Respondents.

District Court of Appeal of Florida, Third District.

Specially Concurring Opinion on Denial of Rehearing November 27, 2002.

Attorney(s) appearing for the Case

Murray H. Dubbin, City Attorney and Robert Dixon, Deputy City Attorney and Debora J. Turner, First Assistant City Attorney and Gary M. Held, First Assistant City Attorney, for The City of Miami Beach.

Siemon & Larsen and Charles L. Siemon and Todd G. Messenger (Boca Raton); Tew Cardenas Rebak Kellogg Lehman Demaria Tague Raymond & Levine and Santiago D. Echemendia and Bob de la Fuente and Patricia M. Baloyra, Miami, for RPH Hotel Associates, LLC.

Richard & Richard and Dennis Richard and Richard Sarafan, Miami, for Chisholm Properties South Beach, Inc. and Beach Hotel Associates Limited Partnership.

Shubin and Bass and Jeffrey S. Bass, Miami, for Decoplage Condominium Association and Juan Jover.

Before COPE, LEVY, JJ., and NESBITT, Senior Judge.

Specially Concurring Opinion on Denial of Rehearing En banc November 27, 2002.

After oral argument, the Petition for Writ of Certiorari is hereby denied.

COPE and LEVY, JJ. and NESBITT, Senior Judge, concur.

ON MOTION FOR REHEARING

PER CURIAM.

The motion for rehearing is denied.

Before SCHWARTZ, C.J., and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, SHEVIN, and RAMIREZ, JJ.*

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