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BROWARD CTY. v. FORT LAUDERDALE CHRISTIAN SCHOOL

No. 77-2388.

366 So.2d 1264 (1979)

BROWARD COUNTY, a Political Subdivision of the State of Florida, Appellant, v. FORT LAUDERDALE CHRISTIAN SCHOOL, Appellee.

District Court of Appeal of Florida, Fourth District.

February 7, 1979.

Attorney(s) appearing for the Case

Alexander Cocalis, Acting Gen. Counsel for Broward County, Fort Lauderdale, for appellant.

Nels R. Pearson, Fort Lauderdale, for appellee.

BERANEK, Judge.

This is an appeal from the trial court's dismissal of a complaint with prejudice. Broward County sued the Fort Lauderdale Christian School to enjoin its operation of a food service establishment without a permit as required by a county ordinance. The court dismissed the complaint because Section 509.241(2)(b)(1), Florida Statutes, exempts school cafeterias from certain State licensing requirements. The trial court reasoned that the State had preempted...

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