Mills v. Dade County

The appellants, as plaintiffs, brought a complaint for declaratory decree, injunction and other relief alleging that a portion of a Dade County Zoning Resolution was invalid and severable from the remainder of the Resolution. The appellee did not file an answer but did file a motion for summary decree on the grounds that there was no genuine issue of material fact. Also set forth in the motion was the following, “ * * * and in support hereof the defendant will show inter alia, that the plaintiffs are equitably estopped to take this action. * * * ” An affidavit of the Director of the Dade…