FOX v. TOWN OF BAY HARBOR ISLANDS

No. 83-826.

450 So.2d 559 (1984)

Steven FOX, Appellant, v. TOWN OF BAY HARBOR ISLANDS, a Municipal Corporation and a Political Subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1984.


Attorney(s) appearing for the Case

Becker, Poliakoff & Streitfeld and Robert J. Manne, Fort Lauderdale, for appellant.

Lewis Horwitz, Bay Harbor Islands, for appellee.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

Fox appeals from an order dismissing his complaint with prejudice after the trial court determined that a zoning ordinance of the Town of Bay Harbor Islands, a portion of which was attacked by Fox as being facially unconstitutional, was a valid exercise of the Town's police power.

The ordinance in question, Section 23-11(B)(10) of the Code of the Town of Bay Harbor Islands, provides:

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