Legal Opinion
City of Miami Beach v. Benhow Realty, Inc.
Court of Appeals for the Fifth Circuit
Decided June 4, 1948No. 12288PublishedCited by 6 opinions
1Opinion of the Court
LEE, Circuit Judge.
This is an appeal from an order granting a preliminary injunction restraining the City of Miami Beach, until further orders of the court, from enforcing an ordinance against the appellees.
In 1.537 the city passed an ordinance, No. 497, which prohibited certain noises (the ones in question being construction noises) within 50 feet of any hotel or apartment building during the period between November 15 and April 1, the winter season of each year. That ordinance remained unchanged until February 4, 1948. On the 10th of November, 1947, the Delano Hotel, Inc., under commission…
2Cases cited4 opinions
- Dobbins v. Los AngelesSupreme Court of the United States · 1904
- Ohio Oil Co. v. ConwaySupreme Court of the United States · 1929
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- Singer v. Ben How Realty, Inc.Supreme Court of Florida · 1948
3Cited by6 opinions
- City of Miami Beach v. Seacoast Towers-Miami Beach, Inc.District Court of Appeal of Florida · 1963
- Calagaz V. DeFriesCourt of Appeals for the Fifth Circuit · 1962
- Calagaz v. DefriesCourt of Appeals for the Fifth Circuit · 1962
- Aldridge v. Franco Wyoming Oil Co.District Court, D. Delaware · 1949
- City of Miami v. McCrory Stores CorporationCourt of Appeals for the Fifth Circuit · 1950
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