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CITY OF NEW SMYRNA BEACH v. VOLUSIA COUNTY

No. 87-562.

518 So.2d 1379 (1988)

The CITY OF NEW SMYRNA BEACH, Appellant, v. COUNTY OF VOLUSIA, City of Daytona Beach Shores, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 28, 1988.

Attorney(s) appearing for the Case

S. LaRue Williams of Kinsey Vincent Pyle, P.A., Daytona Beach, and Margaret T. Brewer, City Atty., City of New Smyrna Beach, for appellant.

C. Allen Watts of Cobb & Cole, Daytona Beach, for appellees.

James R. Wolf, General Counsel, Florida League of Cities, Inc., Tallahassee, for amicus curiae, Florida League of Cities.

Thomas C. McEaddy, Jr., Palm Beach County Attorney's Office, West Palm Beach, for amicus curiae, Palm Beach County, Fla.

ORFINGER, Judge.

The pivotal issue in this case is the facial constitutionality of an amendment to the Volusia County Charter which establishes a Beach Trust Commission, and which authorizes the County Council, with the advice of the Commission, to adopt a Unified Beach Code "comprehensively regulating public health, safety and welfare on and pertaining to the [Atlantic Ocean] beach" within the county. The trial court implicitly found the charter amendment to be facially...

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