Supreme Court of Florida, 1938

City of Miami Beach v. the Texas Co.

City of Miami Beach v. the Texas Co.
Supreme Court of Florida · Decided January 8, 1938 · Whitfield, Brown, Chapman, Ellis, Terrell, Buford
178 So. 109; 130 Fla. 580 (Southern Reporter)

City of Miami Beach v. the Texas Co.

Opinion of the Court

Per Curiam.

This is an appeal from an order of the Circuit Court denying a motion to dismiss appellee’s bill and granting a temporary injunction restraining the en *581 forcement of an ordinance recently adopted by the appellant City of Miami Beach, which in effect prohibits the bulk storage of gasoline and other petroleum products anywhere in the City of Miami Beach North of the Government channel. It cannot be said that the bill is entirely without equity and the chancellor was therefore without error in denyingi the motion to dismiss. It follows that there was likewise no error in granting the temporary injunction. Having reached this conclusion we deem it inappropriate to discuss in advance of a final hearing on pleadings and proof, the several questions which have been so ably briefed and argued in this Court.

The interlocutory order appealed from will accordingly be, and the same is hereby, affirmed.

Whitfield, P. J., and Brown and Chapman, J. J., concur. Ellis,. C. J.,' and Terrell and Buford, J. J., concur in the opinion and judgment.

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