Suits Against The City_May to June 1953SUITS AGAINST CITY 34.
Book Page
City Atty reports on 2 suits:
1. Hansley et al v. City
2. Coast City Coaches, Inc. v. Richard Mack,
et al
(Supreme Court upheld RR Commission's
ruling that this company cannot pick up
and discharge passengers within
corporate limits of M.B.)
5-6-53 34 232
Report of City Atty re. suit of
Huey Young d/b/a Huey's Cathay House
v. City (attempt to compel City to
permit sales of liquor over an open bar
6-10-53 3 332
SUITS AGAINST CITY 35
Book Page
Report of Legal Dept. re. suit of
Canjo, Inc. v. City 6-17-53 34 340
Report of City Atty re. Fan & Bill's
suit 6-17-53 34 343
Reports of City Atty re. following
suits:
Gimbel v. City
Dr. Silver v. City
State ex rel Pollack v. Saperstein, etc.
State ex rel Marsh, v. City (harbor line)
(Councilsks for meeting re. Judge Carroll's
ecision� 8-5-53 34 44'.8
SUITS AGAINST CITY 36
Book Page
Report of City Atty advising that suit
had been filed by Midcentury Corp. and
Safe Parking Lots, Inc. seeking rezoning
8-12-53 34 459
Report of City Atty re.
suit of Rosen v. City 8-19-53 34 490
Report of City Atty re.
suit of E. Bobette Marcus and
Mawry F. Marcus against Cit
(going -out -of -business sale
9-2-53 35 16
Report of City Atty re. suits
Rosen v. City
Friedn, et al v. City 10-7-53 35 73
SUITS AGAINST THE CITY 37
Book Page
Report of City Atty re. suit
Lottici vs City
11-4-53 35 140
Report of City Atty re. suits
Pancoast Properties v. Harold Shapiro, et al
State of Fla., ex rel James I. Stearns v City
11-18-53 35 176
Report of City Atty re. suits
Ted Traina v. City
M.B. Air Transport,Inc. & Checker Cabs
v. Harold Shapiro et als
Lippow v. City
Joseph Schaeffer v City 12-16-53 35 246
SUITS AGAINST THE CITY 38
Book Page
Report of City Atty re. suit
Esther Nash v City
12-23-53 35 252
Report of City Atty re. zoning
suit brought by Weisen, Hansley & Cohn,
owners of Lots 1,2,3, Bik 24, Altos del
Mar #1, to change zoning from RD Single -
Family .to BB Business. City Atty
instructed to appeal decision
12-30-53 35 270
Report of City Atty re. suits
Joseph P. Lottici v. City, et al & Ben Lawson
Dorothy Brand v. City, et al
1-20-54 35 304
SUITS AGAINST THE CITY 39
Book Page
City Atty advises he has been served
in case of Charnofree Corp. and
Fountainbleau Hotel Corp. vs City;
suit brought by owners of Firestone Estate
property to compel City to allow them to
construct stores for uses which were
permitted in large hotels in RE Districts
at time Firestone Estate zoning ease was
decided 3-17-54 35 384
City Atty's report read re. suits
of Hansley v. City and Weisen v. City
concerning zoning on Lots 1,2 and 3,
B]1C 24, Altos Del Mar #1 3-17-54
35 383
BUITSAGAINST THE -CITY »
Book Page
City Attorney to associate with
outside attorney in defense of
suit filed by Charnofree Co. against
City (suit in which Fontainebleau
Hotel people seek decreee from
Circuit Court, declaring they are
entitled to construct in their
proposed building, stores for those
uses permitted by zoning ord. in 100 room
hotels in the RE District on date Of decree
in Firestone estate zoning suit)with
understanding that City will not have to
pay any fees to him 4-21-54 35 442
SUITS AGAINST THE CITY 41
Book Page
Report of City Atty re. suits
Anna Bobis, et al (hot plate)
Kay -Haas (zoning involving 500 feet of
oceanfront immediately north
of Firestone Estate)
Lachman et al (zoning on 142 lots
scattered throughout
strip of oceanfront bet.
Firestone estate & Royal
York Hotel)
4-21-54 35 443
Letter from City Atty re. Kay -Haas
case which involves zoning of 500 feet
of ocean frontage immediately north of
Firestone Estate 5-5-54 35 463
SUITS AGAINST THE CITY 42
Book Page
City Atty reports on following suit:
Midcentury Corp. et al vs. City of
Miami Beach (zoning suit involving
parking lot property bet. Chinese
Restaurant and Drexel property)
City to appeal from decreee of Circuit
Judge Giblin in this case. 6_2-54 36 16
City Atty advises that following suits
have been filed:
Drexel vs. City (seeking zoning change
on n 1/2 Lot 5 all of Lots 6 & 7,
Bik J0, Fishers First Sub.)
Ralph Lachman et ux v City - seeking
Cezon.ng Lots 13 & 14 Indian Beach
orp. s Sub. which will permit conatruc ion
of apartments, etc. 2-S 16�2
SUITS AGAINST THE CITY 43
Book Page
Letter from City Atty re. zoning suit
Wiesen vs. City and Hansley & Cohn vs. City
involving NW corner Collins Ave. and 75th
St. (Lots 1,2 and 3, Blk 214, Altos del Mar
No. 1). Court orders City to rezone Lots
2 and 3 so as to permit them to be used
for business purposes and Lot 1.to remain
in RE Multiple -family, where it was placed
by Ord. 1106 -also a:court order. Motion to
appeal lbst by 3-3:.vote
7-7-54 36 61
Discussion re. Judge Milledge's decision
in rezoning case affecting Lots 2 and 3,
B1k 24, Altos del Mar No. 1,cC� �cil
votes not to appeal Judge's? i 16 70
SUITS AGAINST THE CITY 44
Book Page
City Atty reports on following suits
against the City:
1. Milton G. Circkle, Albert Pollak, et al
(case attempting to prevent City from
condemning Lot 12, Indian Beach Corp.'s
Sub.)
2. M.B. Lutheran Church of the Epiphany, Inc.
(case seeking authority to construct
church on Lots 1 and 2, Blk 13, Altos
del Mar #2)
3. Buoncervello - Judge Carroll entered decree
for plaintiff - sought_to compel City to issue
o en bar license for restaurant at
6b18 Collins Ave. 7-7-54 36 61
SUITS AGAINST THE CITY 45
Book Page
City Atty reports on case of Charnofree,
et al v. City (Fontainebleau sought to
compel City to permit certain classes
of stores formerly permitted in 100 room
hotels, but now prohibited). Judge Giblin's
decree in favor of city.
7-21-54 36 98
City Atty reports on case of
Ted Traina vs. City (Train sought
to compel City to issue to him a service
bar license at 6954 Collins Ave. - a
rest,araatn negatainga400 and with 4800
• 8-4-54 36 108
SUITS AGAINST_ THE CITY 46
Book Page
City Atty reports on following suits:
Cirkle, Pollak et al vs. City
(Suit to enjoin condmenation suit
against Pollak ocean front property
north of Fontainebleau )
City vs. Firestone (condemnation suit
on property north of Fontainebleau)
City vs. Pollak (condemnation suit on
property north of Fontainebleau)
8-4-54 36 108
SUITS AGAINSTTHE CITY 47
Book Page
City Atty reports on following suits:
Hogan vs. City (rezoning)
Floyd Adkins vs. Fla. Power & Light and City
M.B. Air Transport et al vs. Harold Shapiro etal
9-1-54 36 148
City Atty reports on following suits:
Hal Raymond vs. City (liquor license Blue Bay)
Marlo, Inc vs. City (damages)
9-15-54 36 194
City Atty advises that case has been
set for trial involvingoning of Hogan
property(Lot 6,Ind. Beach . City not -to
mdist suit. 10-29-54 36 299
-STJITS AGAINST THE CITY 48
Book Page
City Atty reports that suit has been
brought by Parking Facilities, Inc. seeking
building permit for multiple -level garage
on Collins Ave. & 39th St in which stores
would be permitted on ground floor, and
that plaintiffs would be permitted to supply
gas and oil, etc. to their patrons
11-17-54 36 34+3
City Atty reports on suit of Hogan vs.
City. Judge entered decree against
City. 12-1-54 36 357
SUITS AGAINST THE CITY
Legal Dept. reports
suits:
Charnofree Corp.
Maclou Corp. vs.
Midcentury Corp.
City Atty. reports
suits:
Charnofree
Lachman v.
on following
49
Book Page
vs. City
Frank Brickman
vs. City
12-15-54 36 380
on following
Corp. vs. City
City and 9 other similar
involving zoning of
on oceanfront strip
1-19-55
cases
141 lots
36 416
SUITS AGAINST THE CITY 50
Book Page
City Atty advises suit has been filed
by E. J. Smith Co. seeking to compel
City to issue an open bar license at
old La Rue Restaurant at 1111 Dade Blvd.
2-9-55 36 437
City Atty advises of suit of Miami
Stadium, Inc. vs. City, Fontainebleau
Corporation, et al, seeking to prevent
City from using Lots 7,8,9 and 10,
Indian Beach Corp.'s Sub., for public
park or bathing beach purposes, relying
upon old deed restrictions2_16_55 36 445
SUITS AGAINST THE CITY 51
Book Page
Report from City Attorney re. suit
of Bobis, et al v. the City -- "Hot
Plate" suit 3-2-55 36 462
City Atty reports on suit brought by
Julius Jay Perlmutter in connection with
proposed multiple -level parking garage
on west side of Collins Ave. bet. 37th
and 38th Streets 3-2-55 36 462
SUITS AGAINST THE CITY 52
Book Page
City Atty reports that Mr. Sibley
advises that Lis Pendens filed by City
during condemnation proceedings against
Drexel property is clouding title to
his clients property. Action deferred.
4-20-55 37 126
City Atty advises receipt of Final
Decree by Judge Crawford on 4/12/55
ordering City to issue "open bar"
license to EJ.Smith Co. for premises
1111 Dade Blvd. (formerrlr LaRue).
Councilman raninquires Rue
matter could be taken to Supreme Court
as test case to decide "open bar" license
geestion once and for all-2Action deferred6
SUITS AGAINST THE CITY 53
Book Page
City Atty's opinion re. La Rue
Restaurant case. Appeal to be taken.
5-4-55 37 152
City Atty reports on suit of Parking
Facilities, Inc. seeking to compel
City to permit stores in projected
multiple -level garage on W.side Collins
Ave. bet. 38th & 39th Sts.
5-4-55 37 152
City uit AttysttrLoote4,tanddismiss
50 1/2cLote5 tion
suit aans
no.1/2 Lot 5, all of Lots 6 and 7, all
in Blk 30, Fisher's 1st in order to clear
u title to land on Collins Ave. bet.
'Chinese Res. and Drexel's property.
Res. #9059 5-4-55 37 153
SUITS AGAINST THE CITY
54
Book Page
Bill of Complaint filed by Liflans
Corp. against City, alleging that
that portion of zoning ordinance which
forbids Versailles Hotel to construct
and maintain stores of BAAA and BAA
classification is unconstitutional.
7-13-55 37 265
City Mgr. to arrange conference with
City Atty to discuss Supreme Court
decisions in Biltmore Terrace and
Fontainebleau Hotel cases 7-20-55 37 274
SUITS AGAINST THE CITY 54A
Book Page
Council fails to accede to request
of J. J. Perlmutter that City Atty be
directed to waive oral argument before
Supreme Court in connection with suit
seeking stores in proposed multiple -
level parking garage on Collins Ave.
bet. 38th & 39th Streets.
8-3-55 37 306
SUITS AGAINST THE CITY 55
Book Page
City Atty advises of suit of Engel
vs. City alleging that $15.00
occupational license fee is violation
of State law 9-21-55 37 363
City Atty reports on suit of
M.B. Lutheran Church vs. City (suit
seeking permission to build church
in single-family district at s.w.
cor. 86th St. & Collins Ave.)
Zoning upheld. 9-21-55 37 363
Legal Consultant Shepard reports on
case of Melnigk et al v. C. W. Tomlinson, et al,
re.so-called Primary Election Act"
10-19-55 37 413
SUITS AGAINST THE CITY 56
Book Page
City Atty reports on 3 zoning suits,
involving land located between
Fontainebleau and Royal York properties
on ocean strip:
1. Tedland Realty Corp.
2. J. N. Morris & Gilda Dahlberg
3. Edith L. Trees 12_21-55 37 503
Legal Dept. reports on Checker Cab
Company suit re. flat $3.50 taxicab
rate to airports, and acceptance of
"package tour" tokens in payment of
transportation 1-18-56
38 29
SUITS AGAINST THE CITY 57
Book Page
Atty Ben Cohen authorized to join in
defense of Checker Cab Co. suit re.
taxi airport fare and use of tokens to
pay for "package tour" transportation
2-1-56 38 37
Suit filed by Gramil Corp.,d/b/a Revere
Hotel vs City, seeking to invalidate
"hot plate" provisions of the Code, and
Sec. 5.18.1 of Chapt. 18 of the Bldg. Code.
2-1-56 38 39
Council approves employment of Joe Creel
(without compensation) as associate
ounsel for the City in dgfense of
suit of Gramil Corp. re. hot plate
ordinance' case. 2-15-56 38 57
SUITS AGAINST THE CITY 58
Book Page
Report from legal dept. re. court
case of Mrs. Reid - suit brought to
compel City to permit multiple -family
structures on Lot 8 and Outlot 8, 1st
Ocean Front Sub. (Ocean front strip
north of Fontainebleau) 2_15-56 38 57
Ben Shepard's report re. Lachman
vs. City - (zoning change on Lots 13
and 14, Indian Beach Corp's Sub.)
2-15-56 38 57
SUITS AGAINST THE CITY 59
Book Page
Complaint filed by Greater Miami
Hebrew Academy vs. City, seeking to
obtain a decree holding that provision
of Zoning Ord. prohibiting them from
constructing a private school on Lots
7 to 13, incl., Blk 2, Nursery Sub.,
is unconstitutional 2-15-56 38 57
City Atty advises of suit against the
City --Paul Schaffer vs. Red Top Sedan
Service Inc., Walker Ijams, and City of
Miami Beach, involving a vehicle,accident. 652-5-56
SUITS AGAINST THE CITY 24
Book Page
City Attorney advises status of
Haas and Kay v. City suit
3-26-52 32 441
City Atty. advises re. following
suits against the City:
Ozac, Inc.
Athas Curtis
Smolin
Moe Hellman
4-16-52 32 495
SUITS AGAINST THE CITY 25
Book Page
City Atty advises status of
following suits:against the City:
Greater Miami Jewish Funeral Home
Hogan
Sirgany
5-7-52
33 26
Case of Old Forge v. the City of
M.B. reviewed. Conference to be
arranged to discuss matter.
6-18-52 33 107
Old Forge suit reviewed. Council to
decide what action City will take after
meeting of Ben Cohen, Hoffman, Ben 137
Shepard and Goldworm 7-2-52 33
SUITS AGAINST THE CITY
City Atty to ask for continuance in
condemnation hearing re. Lot 6,
Indian Beach Corp's Sub. (Hogan v.
City) 7-2-52 33 138
City Atty advises outcome of suit
of Col. Gimbel, to secure rezoning
of his property at n.e. cor. Pine
Tree Dr. and 41st St. from RA to
BAA - Special Master recommends
property be rezoned for BAA Business
use. Council to continue tp oppose
this rezoning. 7 -lb -52 33 159
26
Book Page
SUITS AGAINST THE CITY 27
Appeal from Circuit Court decrees Book Page
to be taken to Supreme Court in 2 cases:
Hogan v. City, and Elsalto Real Estate
v. City (cases brought by defendants
in condemnation suit instituted by City)
- 8-6-52 33 182
City Atty advises re. case of
Antique Dome v. City, that Circuit
Court directed issuance of license
to Antique Dome for auction sales
on that portion of its Lincoln Rd.
property which is not zoned "BAA".
City Atty instructed to take appeal
from this decision 8-6-52 33 196
SUITS AGAINST THE CITY 28
Book Page
City Atty advises status of two
suits: Smolin V. City (zoning Lot 21, Blk 2,
Nursery Sub.)
Gimbel v. City (zoning n.e. cor. 41st St.
and Pine Tree Dr.)
8-20-52 33 218
Reference made to Circuit Court
decision in Warner property zoning
suit. Councilman Richard asks if
City could not now institute
condemnation proceedings to acquire 224
property b-27-52 33
SUITS AGAINST THE CITY 29
City Atty advises status of zoning Book Page
suit of Kay -Haas v City 9-3-52 33 236
City Atty to request postponement
of trial of Picciolo's Restaurant
case until Sept. 26, 1952 9-3-52
33 237
Decision of Supreme Court in Old Forge's
favor. Liquor license to be granted
9-17-52 33 269
City Atty advises status of following
suits:
Rafel v. City -Power Co. franchse election)
Curtis v. City Re. alleys bet 4th & 5th St. )
and bet. Meridian & Jeff. A es
Panma Corp. v. City (Re. Cirri-aeats1 sign
SUITS AGAINST THE CITY 30
Book Page
City Atty advises status of Walsh
& Wood Funeral Home, Inc. v City
suit: Circuit Judge orders issuance
of permit for funeral home at 7140
Abbott Ave. No appeal to be taken.
12-10-52 33 418
Discussion re. employment of add'l
counsel to help City Atty in
defense of suits brought, seeking
rezoning of certain property north
of Firestone estate 12-10-52 33 420
SUITS AGAINST THE CITY 31
Book Page
City Atty advises status of suits:
Rafel -- re. power co. franchise
election
Geo. Schor Homes -- rezoning
Dr. Lippow -- rezoning
Burbridge -- rezoning
Harris -- rezoning
12-17-52 33 443
City Atty reports on 2 suits:
Reid, et al v. City (10 cases consolidated)
8701 Collins Ave., Inc. v. City (Biltmore
Terrace Hotel)
1-21-53 33 478
SUITS AGAINST CITY
Chamber of Commerce urges Council
to appeal from decision of Circuit
Court in ocean front zoning case
(Reid, et al v. City) City Atty
advises petition had been filed for
rehearing in case. 1-21-53 33 478
Book Page
32
City Atty reports on suits against
City: San Marino Hotel et al (2 suits)
Hansley et al
Wiesen
Lottici
Jesse Reid et al: 2-18-53 34 16
SUITS AGAINST CITY 33.
Book Page
City Atty reports on 2 suits against
City: 1. Jeffry Corp. et al
2. Lottici 2-25 53 31
City Atty reports on 4 suits against City:
1. Hogan
2. El Salto Real Estate, Inc.
3. Jeffry Corp.
4. State Builders, Inc.
4-1-53 34 150
City Atty reports on 2 suits against
City: 1. El Salto v. City and Hogan v. City
2. Drexel 4-22-53 34 191