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CITY OF JACKSONVILLE v. NICHOL'S, ETC.

No. SS-177.

402 So.2d 1319 (1981)

CITY OF JACKSONVILLE, a Consolidated Municipality of the State of Florida, Appellant, v. NICHOL'S ALLEY OF JACKSONVILLE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 18, 1981.

Attorney(s) appearing for the Case

Dawson A. McQuaig, Gen. Counsel, and William Lee Allen, Asst. Gen. Counsel, Jacksonville, for appellant.

Homer H. Humphries, Jr., of Grissett, Humphries & Kellogg, Jacksonville, for appellee.

THOMPSON, Judge.

The City of Jacksonville appeals from a final judgment which declared that §§ 708.906, 708.907 and 708.910 of the City of Jacksonville Ordinance Code (relating to liquor license distance requirements) were arbitrarily discriminatory, unconstitutional, and void. The City contends that the distance requirements and the manner of computing distances are not arbitrary or discriminatory, but instead, are valid exercises of its police power. We...

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