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CITY OF DAYTONA BEACH SHORES v. STATE

No. 83-263.

454 So.2d 651 (1984)

CITY OF DAYTONA BEACH SHORES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 22, 1984.

Attorney(s) appearing for the Case

Peter B. Heebner, of Van Wert, Heebner & Baggett, P.A., Daytona Beach, for appellant.

Lee R. Rohe, Dept. of Natural Resources, Tallahassee, for amicus curiae.

Jim Smith, Atty. Gen., and Bruce Barkett, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

DAUKSCH, Judge.

This is an appeal from a final declaratory judgment entered January 28, 1983, and a permanent injunction prohibiting the City of Daytona Beach Shores from charging a user fee for vehicular traffic on its beaches.

On August 13, 1982, the State of Florida, through the State Attorney filed a complaint seeking a declaratory judgment and permanent injunction prohibiting the City of Daytona Beach Shores from enacting a toll for vehicular traffic...

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