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CITY OF ST. AUGUSTINE v. AUTHENTIC OLD JAIL, INC.

No. 79-254.

388 So.2d 1044 (1980)

CITY OF ST. AUGUSTINE, a Florida Municipal Corporation, Appellant, v. AUTHENTIC OLD JAIL, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 26, 1980.

Attorney(s) appearing for the Case

Geoffrey B. Dobson, City Atty., St. Augustine, for appellant.

Malcolm L. Stephens, Jr. of Stephens & Stephens, St. Augustine, for appellee.

William A. Van Nortwick, Jr., and Stephen H. Durant of Martin, Ade, Birchfield & Johnson, Jacksonville, for amicus curiae, St. Augustine Trains, Inc.

PER CURIAM.

The City of St. Augustine enacted an ordinance on May 23, 1977, regulating the use of trailer-trains on the streets of the City of St. Augustine. The ordinance prohibited operation of such trailer-trains without first obtaining a franchise from the city to do so. Said ordinance had an effective date of January 1, 1978. After the effective date of the ordinance, Authentic Old Jail, Inc. operated such a trailer-train on the streets of the City of St. Augustine...

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