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MILLER ENT., INC. v. CITY OF SOUTH DAYTONA

No. JJ-19.

364 So.2d 513 (1978)

MILLER ENTERPRISES, INC., Appellant, v. CITY OF SOUTH DAYTONA, Florida, et al., Appellees.

District Court of Appeal of Florida, First District.

November 14, 1978.

Attorney(s) appearing for the Case

James L. Padgett of Davis, Asbury & Padgett, Crescent City, for appellant.

John Spencer Robinson and Associates, Daytona Beach, for appellees.

BOOTH, Judge.

Miller Enterprises, Inc. appeals a final judgment denying its petition for writ of mandamus to compel the City of South Daytona to issue a gasoline pump building permit. The basis for the ruling is a city ordinance of South Daytona, Section 3-7, Alcoholic Beverages, which reads:

No alcoholic or intoxicating beverages, including beer and wine shall be sold for consumption on or off the premises at any location within the City of South Daytona...

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