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HERNANDEZ-CANTON v. MIAMI CITY COM'N

No. 3D07-465.

971 So.2d 829 (2007)

Cesar A. HERNANDEZ-CANTON, Elvis Cruz, William Hopper, Jack Wolfe, and Al Sasiadeck, Petitioners, v. MIAMI CITY COMMISSION, City of Miami, Kubik, LLC, and Biscayne Premier Investments, Inc., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 2, 2008.

Attorney(s) appearing for the Case

Michael A. Sastre, Miami, for petitioners.

Greenberg Traurig, P.A., and Elliot H. Scherker and Lucia Dougherty and Brigid F. Cech Samole, Miami; Jorge L. Fernandez, City Attorney, and Rafael Suarez-Rivas, Assistant City Attorney, for respondents.

Before COPE, RAMIREZ, and SALTER, JJ.

Rehearing and Rehearing En Banc Denied January 2, 2008.

COPE, J.

The question before us in this proceeding is whether the Miami City Commission misinterpreted this court's prior ruling in Morningside Civic Ass'n, Inc. v. City of Miami Comm'n, 917 So.2d 293 (Fla. 3d DCA 2005). We conclude that our prior ruling was misinterpreted. We therefore remand for a new hearing.

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