City of Miami Beach v. Amoco Oil Co.

NESBITT, Judge.

We affirm the trial court’s final judgment holding City of Miami Beach zoning ordinance No.-1891, section 27-1.D.3 unenforceable. Although we agree with the result reached by the trial court, we base our holding on the grounds asserted by Amoco Oil Company (Amoco) in its cross-appeal. See In re Yohn’s Estate, 238 So.2d 290 (Fla.1970); Crown Life Ins. Co. v. Garcia, 424 So.2d 893 (Fla. 3d DCA 1982). We hold that by enacting section 563.02, Florida Statutes (1985),1 the legislature has expressly preempted the city’s authority to enact zoning ordinances prohibiting the sale of…