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MARINA GRANDE NORTH MIAMI BEACH v. SMUKLER

Nos. 3D05-2386, 3D05-2387.

927 So.2d 165 (2006)

MARINA GRANDE NORTH MIAMI BEACH LLC and City of North Miami Beach, Petitioners, v. Fortuna SMUKLER, Bernard Schugar, Carol McMartin and The North Miami Beach Citizens Coalition, Inc., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 26, 2006.

Attorney(s) appearing for the Case

Howard B. Lenard, City Attorney, and Miriam Besinger, Assistant City Attorney; Bilzin Sumberg Baena Price & Axelrod and Stanley B. Price and Robert L. Krawcheck, Miami, for petitioners.

W. Tucker Gibbs, Coconut Grove, for respondents.

Before FLETCHER and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

ON MOTION FOR REHEARING

PER CURIAM.

The petitioners in these two consolidated cases sought from this court a writ of certiorari quashing the decision of the circuit court, appellate division, which quashed a rezoning of a parcel of property in the City of North Miami Beach. We denied the petition for the writ. The petitioners have now moved for rehearing, which motions we deny, although we do set out below our reasoning for our denials.

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