Claughton Hotels, Inc. v. City of Miami

BARKDULL, Judge.

Appellant, plaintiff below, brought the original action seeking a determination of its rights under a written easement agreement, covering an “arcade way” under the south Y2X/2 feet of the Urmey Hotel, located in Miami, Florida. Said agreement was between its predecessor in title, Urmey Hotel Company, and the appellee, City of Miami, wherein the City of Miami was granted a 12}4 foot easement, “ * * * for the use and benefit of the public for sidewalk purposes.” The agreement, in part, is as follows:

“That, for and in consideration of the covenants herein contained, the party of…