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STATE v. ROBERTS

No. 81-70.

419 So.2d 1164 (1982)

STATE of Florida, Appellant, v. Donald ROBERTS As Manager of Holiday Inn, 8221 North Trail, Appellee.

District Court of Appeal of Florida, Second District.

September 29, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

Judith M. Goldman of Knowles, Blalock, Coleman, Landers & Walters, Bradenton, for appellee.

Thomas M. Gallen of Miller, Gallen, Kaklis & Venable, Bradenton, for amicus curiae Whitfield Zoning Dist.

Alan H. Prather of Mann & Fay, Bradenton, for amicus curiae Manatee County.

PER CURIAM.

The state appeals a county court order ruling Chapter 25996, Laws of Florida 1949, as amended by Chapter 74-529, (the Act) unconstitutional and dismissing the charges against appellee Donald Roberts. We affirm.

Appellee was charged by information with unlawfully erecting or maintaining a flashing or animated sign, in violation of Whitfield Zoning Board Regulation 5.17(e)(a). He moved to dismiss the information on the ground, inter alia, that the...

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