CITY OF MIAMI BEACH, ET AL.,
v.
THE TEXAS COMPANY, A CORPORATION UNDER THE LAWS OF DELAWARE
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The Florida Supreme Court affirmed a lower court's decision to deny a motion to dismiss and grant a temporary injunction against a Miami Beach ordinance that prohibited the bulk storage of gasoline. The court found the bill had equity and deferred further discussion until after a final hearing.
No, the lower court did not err in denying the motion to dismiss or in granting the temporary injunction because the bill of complaint possessed equity, and the court deferred further discussion of the merits until after a final hearing.
“It cannot be said that the bill is entirely without equity and the chancellor was therefore without error in denyingi the motion to dismiss.”
Establishes the basis for affirming the denial of the motion to dismiss.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami Beach adopted an ordinance prohibiting the bulk storage of gasoline and other petroleum products north of the Government channel. A …
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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*581forcement 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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City of Miami Beach v. The Tex. Co., 141 Fla. 616 (Fla. 1940)…oral argument of counsel for the respective parties, and the motion to dismiss and the order granting a temporary injunction restraining the enforcement of the ordinance was by this Court affirmed. See City of Miami Beach v. Texas Co., 130 Fla. 580, 178 So. 109. On the going down of the mandate from this Court, and pursuant to agreement of counsel, testimony was taken on the issues tendered by the bill and answer or answers, and [*625] the lower court, after hearing all the testimony adduced by the respec…