City of Miami Beach v. Cummings

ARTHUR E. HUTTOE, Circuit Judge.

Summary judgment: This case came on to be heard on motion to dismiss and motion for summary judgment of all the defendant owners, and after hearing arguments of the attorneys for the city of Miami Beach and the defendants, the court finds as follows —

The petitioner in this case filed against the defendants in this case and other defendants a condemnation proceeding in this same court in 1968 which was docketed as case no. 68-1265. The parcels of land sought to be condemned were the same parcels sought to be condemned in this proceeding. A trial was held…