OTHER PLACE OF MIAMI, INC. v. CITY OF HIALEAH GARDENS

No. 77-1519.

353 So.2d 861 (1977)

The OTHER PLACE OF MIAMI, INC., Appellant, v. The CITY OF HIALEAH GARDENS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 1, 1978.


Attorney(s) appearing for the Case

Tobias Simon, Miami, for appellant.

Stephen J. Wisotsky, Fort Lauderdale, Wepman & Wepman, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


HAVERFIELD, Judge.

Plaintiff, The Other Place of Miami, Inc., a liquor vendor, appeals an order dismissing its complaint to enjoin the enforcement of a City of Hialeah Gardens' ordinance rolling back its closing hours.

In 1974 plaintiff nightclub was the only retail vendor of alcoholic beverages (as distinguished from beer and wine) in the defendant City and contends it chose the Hialeah Gardens location because of the provision of the City's charter which...

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