Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County September 26, 1960, No. 58 C 1609 (Cole v. City of Miami Beach)

ROBERT H. ANDERSON, Circuit Judge.

Initially this court granted the defendants’ motion to dismiss the complaint. It did so because it felt that the complaint did not state a cause of action and that the court was being asked to substitute its judgment for that of the city council in contravention of well settled rules on this subject.

On appeal, the court of appeal reversed.