City of Miami v. Thompson

The City of Miami appeals a final decree which invalidated the distance provisions contained in the city’s comprehensive zoning *878ordinance relating to the erection of gasoline filling stations.

Under the ordinance, filling stations were permissible within the area where appel-lee's property was located, provided they were more than 350 yards from a “church, hospital, school or other such institution where large numbers of pedestrians congregate.” The appellee’s property was less than 350 yards from a church.

The city commission of the City of Miami, by Resolution 33462, dated March 7, 1962,…