City of Miami v. Florida East Coast Railway Co.

The City of Miami, Florida appeals from a summary final decree and judgment for the plaintiff below, Florida East Coast Railway Company, a Florida corporation.

The pertinent findings of fact of the trial judge are, in part, set forth below.

“On September 7, 1929, Plaintiff leased to the Defendant, CITY OF MIAMI, for an annual rental of one dollar ($1.00) three strips of the property which Plaintiff had acquired from Julia Tuttle. These strips of property are three feet wide and are parallel with and adjacent to the east boundary of the property covered by an easement which Plaintiff gave to the…