City of South Miami v. Martin Bros.

This is an appeal by the defendant below from an adverse judgment directing the defendant city to rezone certain property, liberalizing the zoning thereon to a designated classification.

The appellee Fascell estate owned 2.3 acres of unimproved property fronting on Red Road in the City of South Miami, zoned for single family residential use.

The appellee Martin Brothers, Inc., entered into an agreement with the owner to purchase the property on condition it was rezoned to a classification of multifamily (apartment) use acceptable to the prospective purchaser.

When efforts to have the property so…