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NOSTIMO, INC. v. CITY OF CLEARWATER

No. 90-03664.

594 So.2d 779 (1992)

NOSTIMO, INC., and Pick Kwik Food Stores, Inc., Appellants, v. The CITY OF CLEARWATER, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 27, 1992.

Attorney(s) appearing for the Case

John T. Blakely and Charles A. Samarkos of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellants.

M.A. Galbraith, Jr., City Atty., Clearwater, for appellee.

CAMPBELL, Judge.

In this appeal, Pick Kwik challenges that portion of the circuit court order that dismissed its request that section 137.011(d)(6) of the Clearwater City Code be declared unconstitutional on its face and as applied. We find that although the trial court correctly dismissed for failure to state a cause of action Pick Kwik's argument that the code section was unconstitutional on its face, the court should have allowed Pick Kwik to be heard on whether...

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