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KELLY v. RETAIL LIQUOR DEALERS ASS'N OF DADE COUNTY

No. 60-93.

126 So.2d 299 (1961)

Thomas J. KELLY, as Sheriff of Dade County, and Director of the Department of Public Safety, a/k/a Sheriff of the Metropolitan Dade County Sheriff's Office, Appellant, v. RETAIL LIQUOR DEALERS ASSOCIATION OF DADE COUNTY, Florida, a nonprofit corporation, and John E. Meyers, d/b/a Flagler Liquor Stores, Appellees.

District Court of Appeal of Florida. Third District.

February 2, 1961.

Attorney(s) appearing for the Case

Darrey A. Davis, County Atty., and William W. Gibbs, Asst. County Atty., Miami, for appellant.

Stone & Bittel, Miami, for appellees.

CARROLL, CHAS., Judge.

In a suit by an association of liquor dealers and an individual liquor dealer against the sheriff and director of public safety of Metropolitan Dade County, the circuit court entered a declaratory decree holding the statute prohibiting retail liquor sales on general and primary elections does not apply to special elections.1

The Constitution provides that "[T]he Legislature shall enact such laws as will preserve...

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