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METROPOLITAN DADE COUNTY v. GREENLEE

No. 68-341.

213 So.2d 485 (1968)

METROPOLITAN DADE COUNTY, a Political Subdivision of the State of Florida, Appellant, v. C.E. GREENLEE, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 11, 1968.

Attorney(s) appearing for the Case

Thomas C. Britton, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for appellant.

Horton & Schwartz, Miami, Sylvester P. Adair, Homestead, for appellee.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.

CHARLES CARROLL, Chief Judge.

By this interlocutory appeal, Metropolitan Dade County seeks reversal of an order of the circuit court denying its motion to dismiss a complaint filed by the appellee seeking to mandatorily enjoin the county to liberalize the zoning on his parcel of property, following refusal of his request before the county commission.

The thrust of appellant's argument is that since the action of the county commission was by resolution rather...

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