Chaikin v. City of Miami

Supreme Court of Florida

Chaikin v. City of Miami

30 So. 2d 101, 158 Fla. 742, 1947 Fla. LEXIS 625

DecidedApril 18, 1947

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This text of 30 So. 2d 101 (Chaikin v. City of Miami) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chaikin v. City of Miami, 30 So. 2d 101, 158 Fla. 742, 1947 Fla. LEXIS 625 (Fla. 1947).

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Opinion

CHILLINGWORTH, Associate Justice:

The petitioners sought the issuance of a license to sell intoxicating liquors in a package store, in the City of Miami. They filed a petition for a declaratory decree under the provisions of F.S.A. Sec. 87.01, basing their contention upon the invalidity of Municipal Ordinance No. 2896, which prevented the issuance of a new license for one whose place *743 of business would be located in what was termed a “Combination Residential and Business Zone,” within 2500 feet of an established licensee. The Chancellor, in a comprehensive final decree, upheld the validity of the ordinance. The contentions of the petitioners have been decided adversely by this Court in City of Miami v. State ex rel Green, 131 Fla. 864, 180 So. 45; City of Miami v. Kichinko, 156 Fla. 128, 22 So. 2nd. 627; State ex rel Dixie Inn, Inc. v. City of Miami, et al., 156 Fla. 784, 24 So. 2nd. 705.

Affirmed.

THOMAS, C. J., BUFORD, CHAPMAN, ADAMS, and BARNS, JJ., concur. TERRELL, J., nor participating.

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CHILLINGWORTH, Associate Justice:

The petitioners sought the issuance of a license to sell intoxicating liquors in a package store, in the City of Miami. They filed a petition for a declaratory decree under the provisions of F.S.A. Sec. 87.01, basing their contention upon the invalidity of Municipal Ordinance No. 2896, which prevented the issuance of a new license for one whose place *743 of business would be located in what was termed a “Combination Residential and Business Zone,” within 2500 feet of an established licensee. The Chancellor, in a comprehensive final decree, upheld the validity of the ordinance. The contentions of the petitioners have been decided adversely by this Court in City of Miami v. State ex rel Green, 131 Fla. 864, 180 So. 45; City of Miami v. Kichinko, 156 Fla. 128, 22 So. 2nd. 627; State ex rel Dixie Inn, Inc. v. City of Miami, et al., 156 Fla. 784, 24 So. 2nd. 705.

Affirmed.

THOMAS, C. J., BUFORD, CHAPMAN, ADAMS, and BARNS, JJ., concur. TERRELL, J., nor participating.

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30 So. 2d 101, 158 Fla. 742, 1947 Fla. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaikin-v-city-of-miami-fla-1947.

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