City of Miami Beach v. Breitbart

KEHOE, Judge.

Appellant, defendant below, brings this appeal from an order on mandate dated January 18,1977, entered by the trial court. The decretal portion of the order reads as follows:

“CONSIDERED, ORDERED AND ADJUDGED(a) The provision of the zoning ordinance of the City of Miami Beach in so far as it restricts and limits the use of the subject property to PUD-1 zoning is arbitrary, unconstitutional and void.(b) That a transitional use for this property, consistent with the use of the neighborhood and the changes in the area for professional office use is consistent with C-2 zoning. The…