JACK ROSS AND H. & S. BEACH, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
CITY OF MIAMI BEACH, APPELLEE; DORAL BEACH HOTEL CORP., APPELLANT, V. CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1968-01-16
Nos. 66-1074, 67-538
Before PEARSON, BARKDULL and SWANN, JJ.
206 So. 2d 243 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 2 cases

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Holding

The court held that the ordinance prohibiting outside advertising signs for accessory uses within hotels is valid, as previously determined by the Florida Supreme Court.


Facts & Procedural History

Two Miami Beach hotels appealed the city's ordinance prohibiting outside signs advertising accessory uses like coffee shops and cocktail lounges. The …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We are presented with two appeals by hotels in the City of Miami Beach claiming invalidity of certain sections of Ordinance No. 289 which is a portion of the zoning code of Miami Beach. These appeals were consolidated for argument and since they are decided by the same principle, they are dealt with in one decision. The ordinance attacked contains a prohibition of signs outside the hotels for the purpose of advertising “accessory uses” within the hotels. One of the effects of the ordinance is to prohibit , any outside signs advertising coffee shops and cocktail lounges.

This provision of the ordinance has been expressly upheld by the Supreme Court of Florida. See International Company, Inc. v. City of Miami Beach, Fla. 1956, 90 So.2d 906.1 Neither appellant has presented any reason why the opinion of the Supreme Court of Florida is not applicable and does not govern this case. We therefore affirm each appeal upon authority of above-cited decision.

Affirmed.


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