Kelner v. City of Miami Beach

HENDRY, Judge.

Appellants-plaintiffs, Kelner and members of a homeowners’ association, seek review of an order dismissing with prejudice for failure to state a cause of action their second amended complaint for an injunction. Appellants own homes on Allison Island, across the waterway from planned construction by certain appellee-defendants after they had secured zoning variances and building permits from the other appellee-defendants, the City of Miami Beach and members of its City Council.

Based upon several decisions released after the entry of the challenged order, we reverse the judgment…