DAVID v. CITY OF DUNEDIN

No. 84-1569.

473 So.2d 304 (1985)

James C. DAVID, Eric Zimmerman and McDonald's Corporation, D/B/a McDonald's Corporation, a Delaware Corporation (As Successor in Interest by Merger to Franchise Realty Interstate Corporation, Formerly an Illinois Corporation), Authorized to Do Business in the State of Florida, Appellants, v. CITY OF DUNEDIN, Florida, a Municipal Corporation of the State of Florida; and Mary Bonner, John Cella, David F. Ramsey, Donald Shaffer, and Manuel G. Koutsourais, As Mayor and City Commissioners, Respectively; and Parwez Alam, As City Manager; Gilbert Levy, Allen Bomstein, Rod Collman, Vincent Crawford, Norman Lancaster, Mary Jane Pfost, and Deborah Kynes, As Members of the Code Enforcement Board of the City of Dunedin, Florida; and Jack Wynne, As Sign Code Inspector of the City of Dunedin, Florida, Appellees.

District Court of Appeal of Florida, Second District.

August 7, 1985.


Attorney(s) appearing for the Case

H.H. Baskin, Jr., of Law Offices of Baskin & Bennison, Clearwater, for appellants.

J. Michael Hussey of Frazer & Hubbard, P.A., Dunedin, for appellee Code Enforcement Bd.

Robert J. Kelly of Brandt & Kelly, Dunedin, for appellee City of Dunedin, Florida.


OTT, Judge.

Appellants, plaintiffs below, appeal a nonfinal order denying their notice and application for a temporary injunction which sought to restrain appellees from enforcing a sign ordinance. We hold that the ordinance under which appellants were cited was not adopted in accordance with the applicable statutes; therefore, we reverse the trial court's order and remand with directions to issue the injunction.

Appellants erected a "Golden Arches" sign structure...

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