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CITY OF MIAMI BEACH v. MIAMI-DADE COUNTY

No. 3D04-1589.

917 So.2d 881 (2005)

CITY OF MIAMI BEACH, a Florida municipal corporation, Petitioner, v. MIAMI-DADE COUNTY, Micky Biss, and USA Express, Inc., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 6, 2006.

Attorney(s) appearing for the Case

Murray A. Dubin, City Attorney, and Debora J. Turner and Gary M. Held, Assistant City Attorneys, for appellant.

Robert A. Ginsburg, Miami-Dade County Attorney and Stephanie R. Miller, Assistant County Attorney; Greenberg Traurig and Elliot H. Scherker, for appellees.

Before GERSTEN, and WELLS, JJ., and SCHWARTZ, Senior Judge.

Rehearing and Rehearing En Banc Denied January 6, 2006.

WELLS, Judge.

In the exercise of our discretion, certiorari is denied.

GERSTEN, Judge (concurring).

I concur with the decision to deny the City of Miami Beach's (the "City") petition for writ of certiorari. Developer Micky Biss ("Biss") began construction on a building in 2001. A dispute with the City's Planning Department and Historic Preservation...

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