The City of Miami v. Lithgow

TERRELL, J.:

Appellee was licensed as a mortician, funeral director, and embalmer under the laws of Florida. As a part of his business, he installed and operated a crematory which the City of Miami demanded that he refrain from operating because he was not in an area where crematories were permitted by the zoning ordinances. He brought this suit to restrain the City from interfering with him in the operation of his crematory. On final hearing, decree was in his favor and the City appealed.

The sole question is whether or not appellee was authorized to operate a crematory in connection with his…