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CITY OF HIALEAH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, HENRY E. MILANDER, MAYOR OF THE CITY OF HIALEAH, VERNON ASHLEY, PRESIDENT OF THE CITY COUNCIL, CELESTINO RUBIERA, JOSEA SMITH, MILTON THOMPSON, ROY WOODRUFF, WILLIAM LOCKWOOD, AND F.A. BENEDETTO, MEMBERS OF THE CITY COUNCIL, AND E.L. MARTIN, CHAIRMAN OF THE CITY PLANNING AND ZONING BOARD OF HIALEAH, AND C.L. FISHER, D.H. ZIPERSON, J.W. CAMPBELL, JOHN C. O'NEIL AND NEIL COMBS, AS MEMBERS OF THE PLANNING AND ZONING BOARD OF HIALEAH, AND MORTON M. BEIGEL, AND EMKAY BUILDER'S, INC., A FLORIDA CORPORATION, APPELLANTS, v. WILLIAM O. WOODS, VIOLA TULLO, AND IRWIN ABRAMS, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF PERSONS SIMILARLY SITUATED, APPELLEES.

PER CURIAM.

The City of Hialeah, and the owners of certain real property who were the beneficiaries of an ordinance granting a zoning variance, appeal from a final decree which held the ordinance granting the variance invalid and further enjoined the city from issuing a permit for a building for other than residential purposes. We find the decree free of reversible error and affirm upon authority of Elwyn v. City of Miami, Fla.App. 1959, 113 So.2d 849.

Although no assignment is directed to that portion of the decree, we note that the injunctive relief granted is by its terms permanent. It is entirely proper that litigation on this matter should be put to rest. An injunctive order, however, is modifiable where the circumstances have so changed as to make it just and equitable to do so. Seaboard Rendering Co. v. Conlon, 152 Fla. 723, 12 So.2d 882; Jackson Grain Co. v. Lee, 150 Fla. 232, 7 So.2d 143.

Affirmed.

HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.

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CITY OF HIALEAH v. WOODS
(Jun 24, 1960)