City of Hialeah v. Woods

District Court of Appeal of Florida

City of Hialeah v. Woods

121 So. 2d 41

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1960

DocketNo. 59-698

StatusPublished

Cited by3 cases

This text of 121 So. 2d 41 (City of Hialeah v. Woods) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Hialeah v. Woods, 121 So. 2d 41 (Fla. Ct. App. 1960).

Pincite

Opinion

PER CURIAM.

The City of Hialeah, and the owners of certain real property who were the beneficiaries of an ordinance granting a zoning variance, appeal from a final decree which held the ordinance granting the variance invalid and further enjoined the city from issuing a permit for a building for other than residential purposes. We find the decree free of reversible error and affirm upon authority of Elwyn v. City of Miami, Fla.App.1959, 113 So.2d 849.

Although no assignment is directed to that portion of the decree, we note that the injunctive relief granted is by its terms permanent. It is entirely proper that litigation on this matter should be put to rest. An injunctive order, however, is modifiable where the circumstances have so changed as to make it just and equitable to do so. Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882; Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So.2d 143.

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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