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CITY OF WINTER PARK v. MONTESI

No. 83-222.

448 So.2d 1242 (1984)

CITY OF WINTER PARK, a Municipal Corporation, Appellant, v. Louis J. MONTESI, Appellee.

District Court of Appeal of Florida, Fifth District.

April 26, 1984.

Attorney(s) appearing for the Case

Steven D. Hutton of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellant.

David C. Lanigan of Pino, Knox & Smith, Orlando, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

The City of Winter Park appeals from an order permanently enjoining it from selling sinkhole photographs. The trial court found that the city, in selling such photographs, was engaged in a proprietary function which served no legitimate municipal or public purpose. It also found that the city did not apply to itself, as a municipal corporation, the regulations that are by law applicable to the business activities engaged in by Montesi...

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