City of Miami Beach v. Silver
| Decision Date | 23 October 1953 |
| Court | Florida Supreme Court |
| Parties | CITY OF MIAMI BEACH v. SILVER. |
Ben Shepard and Joseph A. Wanick, Miami Beach, for petitioner.
Daniel Neal Heller and Caldwell, Miami Beach, Parker, Foster & Wigginton, Tallahassee, for respondent.
The respondent, a medical doctor, filed a bill of complaint for injunction and other relief against the City of Miami Beach questioning the right of the city, under its zoning laws, to deny him an occupancy permit to use a piece of property as a combined home and office for himself. The city's motion to dismiss was denied and it petitions for interlocutory certiorari.
The complaint, after alleging the respondent's ownership of certain property, sets forth:
'That the above premises so described are on the west side of Collins Avenue facing the ocean, and immediately adjoining the said premises on the south are an automobile parking lot and a gasoline filling station and immediately adjoining the premises on the north is an automobile parking lot and facing the property to the east are numerous resort hotels.'
The plaintiff proceeds to allege in substance that respondent had made certain alterations and repairs to his property and now desires to use same 'for his home as well as for an office in which to conduct his professional practice as a regularly licensed physician,' but that the city under its zoning ordinance refuses to give respondent a certificate of occupancy for such purposes because the area in question is zoned 'REE', which use is prohibited in that area.
The full text of the Miami Beach zoning ordinance is attached as an Exhibit to the complaint. It appears from said ordinance that District 'REE' permits residential uses, multiple level automobile parking garages, including 'parking, washing and greasing of cars, and the supplying of gasoline, oil, water and air to such vehicles,' and certain other uses not pertinent to this decision.
Respondent alleges that said ordinance and the acts of the city officials in enforcing it constitute 'an unreasonable and unlawful restraint of the plaintiff's right to engage in his stated profession and (has) caused the plaintiff and will cause the plaintiff irreparable damage and injuries for which plaintiff has no adequate remedy at law * * *'; that it is 'unconstitutional as to him' and violates his constitutional rights in that it is 'unreasonable, arbitrary, discriminatory and an invasion of property rights, without relation to public health, safety, morals or general welfare * * *'; and finally the complaint alleges that plaintiff believes 'there is nothing more objectionable in operating the practice of a physician than there is in operating the various parking...
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