Biscayne Associates, Inc. v. Carson

PEARSON, Judge.

The defendant appeals from a decree requiring it to specifically perform a certain contract it made with the plaintiffs-appellees. The agreement was made by the parties because of the following conditions existing at the time of the agreement. Plaintiffs owned the property im*872mediately adjacent to the property owned by the defendant. Defendant commenced the construction of drive-in teller windows and an asphalt parking; lot, next to plaintiffs’ property, notwithstanding that the defendant’s property was zoned only for residential use. Plaintiffs filed objections to a change of…