DEPT. OF LEGAL AFF. v. SANFORD-ORLANDO KENNEL CLUB, INC.

No. 62012.

434 So.2d 879 (1983)

DEPARTMENT OF LEGAL AFFAIRS, State of Florida, Seminole Park & Fairgrounds, Inc., and Seminole Greyhound Park, Inc., Appellants, v. SANFORD-ORLANDO KENNEL CLUB, INC., and Daytona Beach Kennel Club, Inc., Appellees.

Supreme Court of Florida.

Rehearing Denied August 4, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and John J. Rimes, III and Mitchell D. Franks, Asst. Attys. Gen., for State of Fla. Dept. of Legal Affairs; and Thomas M. Ervin, Jr. and E.C. Deeno Kitchen of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, Barry Richard of Roberts, Baggett, LaFace, Richard & Wiser, Tallahassee, and David U. Strawn of Akerman, Senterfitt & Eidson, Orlando, for Seminole Park & Fairgrounds, Inc. and Seminole Greyhound Park, Inc., Appellants.

Marvin E. Barkin and Anne Y. Swing of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, and Mack N. Cleveland, Jr., of Cleveland & Bridges, Sanford, for Sanford-Orlando Kennel Club, Inc.; and J. Kermit Coble, Noah C. McKinnon and John R. Godbee, Jr. of Coble, McKinnon, Rothert, Barkin, Clayton, Vukelja & Godbee, Daytona Beach, for Daytona Beach Kennel Club, Inc., appellees.

Dubose Ausley, C. Graham Carothers and Steven J. Uhlfelder of Ausley, McMullen, McGehee, Carrothers & Proctor, Tallahassee, and Rivers Buford, Jr., Tallahassee, for Stanley and Phyllis Kupiszewski, amicus curiae.


PER CURIAM.

This cause is before us for review as mandated by article V, section 3(b)(1), Florida Constitution. The trial court declared section 3, chapter 80-88, Laws of Florida, constitutionally invalid. The Fifth District Court of Appeal affirmed. State, Department of Legal Affairs v. Sanford-Orlando Kennel Club, Inc., 411 So.2d 1012 (Fla. 5th DCA 1982). This law permitted harness racing tracks to be converted to dog racing...

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