Legal Opinion

Horace Thompson v. City of Miami

Court of Appeals for the Fifth Circuit

Decided December 2, 1969No. 27219Published

1Per curiam

In the District Court the appellee, Thompson, successfully challenged as unconstitutional the validity of Article IV, Section 25, of Ordinance No. 6871 of the City of Miami, which permits gasoline filling stations in zoning classification C-2 but prohibits their location within 750 feet of an existing station and within 1050 feet of a church or school. Thompson’s property is located in the C-2 zoning classification and is within 565 feet from an existing church, 833 feet from another existing church, and 664 feet from the nearest gasoline station.

The District Court found, inter alia, that a…

2Cases cited3 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. City of Miami v. David M. Woolin and Annie Woolin, His WifeCourt of Appeals for the Fifth Circuit · 1968
  3. City of Miami v. WysongDistrict Court of Appeal of Florida · 1969

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