Opinion
June 19, 1951. Rehearing Denied July 11, 1951.
Appeal from Circuit Court for Dade County; Marshall C. Wiseheart, Judge.
Anderson Nadeau, Miami, for appellants.
Thomas Jean Ellis, pro se.
George T. Clark, Miami, Robert M. Ervin, Tallahassee, Charles H. Wakeman, Jr., and Ellis, Ervin Wakeman, all of Miami, (M.L. Mershon and Evans, Mershon, Sawyer, Johnston Simmons, all of Miami, of counsel), for appellee.
Affirmed.
TERRELL, Acting C.J., CHAPMAN, ADAMS and ROBERTS, JJ., and LUCKIE, Associate Justice, concur.
I have written many opinions upholding zoning restrictions, but I have ever been conscious of the fact that there is a point beyond which such regulations may not reach without bringing into play the constitutional protection of the property owner. As I understand the circumstances peculiar to this case the application of the Zoning Act, F.S.A. § 176.01 et seq., reduces to nothing any legitimate construction by the appellee on his 50-foot lot. It is to me obvious that when the zero mark is thus reached, it follows that the owner's constitutional guarantees are being invaded, and that the answer to all appropriate questions growing out of this controversy must therefore be favorable to him.