CITY OF HIALEAH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, HENRY E. MILANDER, MAYOR OF THE CITY OF HIALEAH, VERNON ASHLEY, PRESIDENT OF THE CITY COUNCIL, CELESTINO RUBIERA, JOSEA SMITH, MILTON THOMPSON, ROY WOODRUFF, WILLIAM LOCKWOOD, AND F. A. BENEDETTO, MEMBERS OF THE CITY COUNCIL, AND E. L. MARTIN, CHAIRMAN OF THE CITY PLANNING AND ZONING BOARD OF HIALEAH, AND C. L. FISHER, D. H. ZIPERSON, J. W. CAMPBELL, JOHN C. O'NEIL AND NEIL COMBS, AS MEMBERS OF THE PLANNING AND ZONING BOARD OF HIALEAH, AND MORTON M. BEIGEL, AND EMKAY BUILDER'S, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
WILLIAM O. WOODS, VIOLA TULLO, AND IRWIN ABRAMS, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF PERSONS SIMILARLY SITUATED, APPELLEES
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The appellate court affirmed a lower court's decision invalidating a zoning variance ordinance and enjoining the city from issuing building permits for non-residential purposes. The court found no reversible error and relied on a prior ruling.
Yes, the final decree was legally sound. The appellate court found no reversible error in the lower court's decision.
“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.”
This quote establishes the court's basis for affirming the lower court's decision.
The City of Hialeah and property owners appealed a final decree that invalidated a zoning variance ordinance. The decree also enjoined the city from i…
The full statement of facts, procedural history, and disposition for this case are member content.
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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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Mrs. John M. Reynolds v. THE Surf Club, 473 So. 2d 1327 (Fla. 3d DCA 1985)…just and equitable that the same be dissolved. See Shatterproof Glass Corp. v. Buckmaster, 256 So. 2d 531 (Fla. 2d DCA 1972). See also Fla.R.Civ.P. 1.610(b)(3) and Seaboard Rendering Co. v. Conlon, 12 So. 2d 882 (Fla.1943); City of Hialeah v. Woods, 121 So. 2d 41 (Fla. 3d DCA 1960). “Based upon the findings and conclusions and all of the evidence presented, the motion of The Surf Club to dissolve the injunction in Case No. 74-18811 shall be and the same is hereby granted; the injunction heretofore issued in…
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Shatterproof Glass Corp. v. Buckmaster, 256 So. 2d 531 (Fla. 2d DCA 1972)…en facts or circumstances are so changed that it is just and equitable to do so. Jackson Grain Co. v. Lee, 1942, 150 Fla. 232, 7 So. 2d 143; Seaboard Rendering Co. v. Conlon, 1943, 152 Fla. 723, 12 So. 2d 882; City of Hialeah v. Woods, Fla.App.1960, 121 So. 2d 41. The judgment appealed is therefore— Affirmed. LILES and MANN, JJ., concur.…
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City of Hialeah v. Woods, 125 So. 2d 879 (Fla. 1960)…Certiorari denied without opinion. 121 So. 2d 41.…
Authorities Cited
- Elwyn v. City OF Miami, 113 So. 2d 849 (Fla. 3d DCA 1959)
- Seaboard Rendering Co. v. Conlon, 152 Fla. 723 (Fla. 1943)
- Jackson Grain Co. v. LEE, 150 Fla. 232 (Fla. 1942)
- MJR Minton, LLC v. Long Doggers Eateries, 251 So. 3d 348 (Fla. 5th DCA 2018)