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BANYAN CAFETERIAS, INC., #3 v. FAITH LUTHERAN CHURCH

No. 61-663.

141 So.2d 5 (1962)

BANYAN CAFETERIAS, INC., #3, a Florida corporation, Appellant, v. THE FAITH LUTHERAN CHURCH OF HIALEAH, Florida, a non-profit Florida corporation, H.H. Weichmann, Earl Brick, and Arthur Feldman, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1962.

Attorney(s) appearing for the Case

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellant.

Stone & Bittel, Miami, and Ralph F. Miles, Hialeah, for appellees.

Before HORTON, CARROLL and HENDRY, JJ.

HORTON, Judge.

Appellant by this interlocutory appeal seeks review of an order denying its motion for summary decree in a declaratory decree action brought by the appellees.

Appellees, a church and a liquor store owner, filed a complaint in chancery against the City of Hialeah, seeking a declaratory decree to determine their rights under § 4.24 of the city code which prohibits the sale of alcoholic beverages within 1,500 feet of a church. The complaint...

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