City of Miami Beach v. Miller

District Court of Appeal of Florida

City of Miami Beach v. Miller

140 So. 2d 317, 1962 Fla. App. LEXIS 3186

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1962

DocketNo. 61-583

StatusPublished

Cited by2 cases

This text of 140 So. 2d 317 (City of Miami Beach v. Miller) 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 Miami Beach v. Miller, 140 So. 2d 317, 1962 Fla. App. LEXIS 3186 (Fla. Ct. App. 1962).

Pincite

Opinion

PER CURIAM.

This is an appeal by the City of Miami Beach from a final decree enjoining the City from enforcing its zoning ordinance which limits the use of the property of plaintiffs to single family purposes. The trial court found “ * * * there has been such substantial change in the character of the neighborhood and the type and character of activities in the area in which said land is located, and in the activities and character of the defendant municipality * * * ” that the continued enforcement of the single family zoning of said land was arbitrary, unreasonable, confiscatory, and violative of the constitutional rights of the plaintiff-appellees.

We hold that the evidence before the court was sufficient to substantiate the findings made by the trial judge and the decree is affirmed.

Affirmed.

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PER CURIAM.

This is an appeal by the City of Miami Beach from a final decree enjoining the City from enforcing its zoning ordinance which limits the use of the property of plaintiffs to single family purposes. The trial court found “ * * * there has been such substantial change in the character of the neighborhood and the type and character of activities in the area in which said land is located, and in the activities and character of the defendant municipality * * * ” that the continued enforcement of the single family zoning of said land was arbitrary, unreasonable, confiscatory, and violative of the constitutional rights of the plaintiff-appellees.

We hold that the evidence before the court was sufficient to substantiate the findings made by the trial judge and the decree is affirmed.

Affirmed.

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Bluebook (online)

140 So. 2d 317, 1962 Fla. App. LEXIS 3186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-beach-v-miller-fladistctapp-1962.

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