City of Naples v. Miller

PIERCE, Chief Judge.

This is an appeal by defendant City of Naples from a final judgment for appel-lees-plaintiffs Miller in an action brought by the Millers and the appellees Danser for a declaratory decree adjudicating the rights of the parties and clarifying whether or not Ordinance 1255 effectively closed Second Avenue in the City of Naples. The Dansers cross-assigned as error the entry of the judgment against them.

On November 16, 1966, upon the petition of the Dansers, the Naples City Council voted on a written Ordinance, but instructed the city attorney to make certain changes before its…