City of Miami v. Vining

Miami-Dade County Circuit Court

City of Miami v. Vining

6 Fla. Supp. 172

Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County·Decided February 1, 1955·Published

Opinion

VINCENT C. GIBLIN, Circuit Judge.

It is my opinion that the provision of paragraph 6 of section 15 of article XIII of ordinance numbered 1682, as amended by ordinance numbered 3179, of the code of ordinances of the appellee city, by which a property owner is prohibited from allowing a hedge or shrubbery along the line of an adjoining lot to grow to a height of more than “ten per cent of the width of such adjoining lot” and “in no event” to a greater height than eight feet, is unreasonable and void.

The appellant was convicted in the court below of a violation of the mentioned ordinance provision and has appealed from the judgment of conviction.

The judgment is reversed.

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VINCENT C. GIBLIN, Circuit Judge.

It is my opinion that the provision of paragraph 6 of section 15 of article XIII of ordinance numbered 1682, as amended by ordinance numbered 3179, of the code of ordinances of the appellee city, by which a property owner is prohibited from allowing a hedge or shrubbery along the line of an adjoining lot to grow to a height of more than “ten per cent of the width of such adjoining lot” and “in no event” to a greater height than eight feet, is unreasonable and void.

The appellant was convicted in the court below of a violation of the mentioned ordinance provision and has appealed from the judgment of conviction.

The judgment is reversed.

City of Miami v. Vining, 6 Fla. Supp. 172 (Fla. Super. Ct. 1955).

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