ADAMS v. MIAMI BEACH HOTEL ASSOCIATION


77 So.2d 465 (1955)

Joe H. ADAMS, as successor in the office of D. Mack Humphrey, as State Hotel Commissioner, State of Florida, Appellant, v. MIAMI BEACH HOTEL ASSOCIATION, a corporation not for profit organized under the laws of the State of Florida on behalf of all of its members and Saul Cohen, Sid Raffell and Herb Robbins, a partnership, doing business as President Madison Hotel, Appellees.

Supreme Court of Florida. En Banc.

January 21, 1955.


Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and James L. Graham, Jr., Asst. Atty. Gen., for appellant.

Alexander S. Gordon and Nelan Sweet, Miami Beach, for appellees.


TERRELL, Justice.

Miami Beach Hotel Association filed its complaint against Florida Hotel and Restaurant Commissioner, praying that said Commissioner be permanently enjoined from enforcing Section 511.45, Florida Statutes, Chapter 26907, Acts of 1951, F.S.A., and that said act be decreed to be unconstitutional. In his answer defendant denied the unconstitutionality of the act. There being no material issue of fact to be adjudicated the chancellor held the act to be...

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