City of Miami v. Wheeler

District Court of Appeal of Florida

City of Miami v. Wheeler

223 So. 2d 47, 1969 Fla. App. LEXIS 5609

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1969

DocketNo. 68-943

StatusPublished

This text of 223 So. 2d 47 (City of Miami v. Wheeler) 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 v. Wheeler, 223 So. 2d 47, 1969 Fla. App. LEXIS 5609 (Fla. Ct. App. 1969).

Pincite

Opinion

PER CURIAM.

The City of Miami appeals from a judgment for the plaintiff in a cause brought to declare existing zoning invalid as it applied to plaintiff’s property. The trial judge who heard the testimony made extensive findings of fact. The findings are supported by the evidence.

The City challenges the sufficiency of these facts to support the legal conclusion reached. It urges that the legality of the existing zoning is a question which falls within the fairly debatable rule. See City of Miami Beach v. Lachman, Fla.1954, 71 So.2d 148; City of St. Petersburg v. Aikin, Fla.1968, 217 So.2d 315.

The findings of the trial judge effectively remove this appeal from the holding in the cited and similar cases. We hold that the instant case is governed by the law as set forth in Kugel v. City of Miami Beach, Fla.App.1968, 206 So.2d 282.

Affirmed.

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