City of Miami v. Schonfeld

The City of Miami appeals from a summary final decree for Abe Schonfeld, plaintiff below.

The summary final decree permanently restrained the City from arresting or prosecuting the plaintiff for any alleged violation of a city ordinance, insofar as his ownership of three apartment house buildings were concerned, “unless plaintiff shall become the operator of said apartment houses.”

These parties were before us on a previous occasion [City of Miami v. Schonfeld, Fla.App.1961, 132 So.2d 767] involving the interpretation of the City ordinance then in effect, which read in part as follows:

“Every…