CITY OF MIAMI BEACH, FLORIDA, A MUNICIPAL CORPORATION, APPELLANT,
v.
DR. BEN MILLER AND LOUISE S. MILLER, HIS WIFE, APPELLEES
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The appellate court affirmed a lower court's decision enjoining the City of Miami Beach from enforcing its single-family zoning ordinance. The lower court found the ordinance arbitrary and confiscatory due to a significant change in the neighborhood's character and activities.
Yes, the continued enforcement of the single-family zoning ordinance was arbitrary, unreasonable, confiscatory, and violative of the plaintiffs' constitutional rights.
“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”
This quote summarizes the trial court's findings regarding the changed character of the neighborhood and municipality, which justified deviating from the zoning ordinance.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami Beach appealed a final decree that enjoined it from enforcing a zoning ordinance limiting the plaintiffs' property to single-family …
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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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City OF Miami Beach v. Breit BAY, Inc., 190 So. 2d 354 (Fla. 3d DCA 1966)…llee’s property is not fairly debatable under the evidence before the court. On appeal, the City challenges these findings. The case herein involves a similar situation to that referred to in the case of City of Miami Beach v. Miller, Fla.App.1962, 140 So. 2d 317, in which the court found that the evidence before the trial court was sufficient to substantiate the findings and order of the trial court. The same holding is applicable herein. The City contends that the appellee has failed to exhaust its admini…
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City OF Miami Beach v. Rosen, 140 So. 2d 317 (Fla. 3d DCA 1962)…PER CURIAM. Affirmed upon authority of City of Miami Beach v. Dr. Ben Miller and Louise S. Miller, his wife, the same being Appeal No. 61-583, Fla.App., 140 So. 2d 317, opinion filed this day.…