Gusto Tollius v. City Miami

In his decree the chancellor denied the relief sought by the plaintiff, that is, the re-zoning of three lots located at the south-west corner of 25th Road and Brickell Avenue so as to permit its use for buildings other than single-family dwellings. The plaintiffs effort to secure re-zoning had been rejected by the Planning Board, and the Boards decision had been sustained by the City Commission. The chancellor observed that although his "personal opinion * * * might be such [that he] would favorably vote to re-zone the plaintiffs property administratively, nevertheless, [he was] of the opinion that the plaintiff [had] not sustained the extraordinary burden required" of him to "overcome the principle that before a Court can grant re-zoning the case presented must show that the matter is not fairly debatable." Miami Beach United Lutheran Church of the Epiphany v. The City of Miami Beach, Fla., 82 So.2d 880.