DONALD PICKNEY AND EARL C. STARR, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF PERSONS SIMILARLY SITUATED, APPELLANTS,
v.
CITY OF HIALEAH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, ET AL., APPELLEES
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This case involves a challenge to an amendment to a city's zoning ordinance. The appellate court affirmed the lower court's dismissal of the case, finding the amendment to be valid.
The appellate court held that the amendment to the zoning ordinance was valid and that the lower court was correct in dismissing the case.
“We have examined the record and briefs and from our study of the same, we have reached the conclusion that the learned chancellor was correct in dismissing this cause without leave to amend.”
This quote establishes the appellate court's agreement with the lower court's decision to dismiss the case.
Plaintiffs, Donald Pickney and Earl C. Starr, filed a lawsuit seeking to declare an amendment to the City of Hialeah's zoning ordinance invalid. They …
The full statement of facts, procedural history, and disposition for this case are member content.
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The plaintiffs in the Court below, appellants herein, filed their bill of complaint in chancery suing for injunctive relief declaring an amendment to the general Zoning Ordinance of the City of Hialeah to be invalid, unlawful, ultra vires and void. Answers and Motions to Dismiss were filed by the defendants and after a hearing, an Order of Dismissal with Leave to Amend was entered by the chancellor. Afterwards an amended complaint was filed by the plaintiffs and motions to dismiss by the defendants. After a hearing, an order was entered dismissing the cause, hence this appeal.
We have examined the record and briefs and from our study of the same, we have reached the conclusion that the learned chancellor was correct in dismissing this cause without leave to amend.
Affirmed.
HORTON, C. J., and CARROLL, CHAS., J., concur.