MUNICIPAL CORPORATIONS - ZONING ORDINANCES - AESTHETIC CONSIDERATIONS UNDER THE POLICE POWER

Plaintiff brought suit to enjoin the enforcement of the zoning laws of the city of Miami Beach. His property was in a zone reserved for apartment hotels and first-class family residences, but adjacent to an area in which business structures were allowed. Plaintiff sought to erect structures of a business character on his property, despite the zoning law. Held, the zoning law is sustained, for plaintiff's property rights must yield to the interest of the community in maintaining the attractiveness of this resort area.

City of Miami Beach v. Ocean & Inland Co., (Fla. 1941) 3 So. (2d) 364.