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MULLIGAN v. CITY OF HOLLYWOOD

No. 4D02-3626.

871 So.2d 249 (2003)

Colon Bernard MULLIGAN, Appellant, v. CITY OF HOLLYWOOD, Appellee.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Granting Certification May 12, 2004.

Attorney(s) appearing for the Case

Ronald S. Guralnick, Miami, for appellant.

Daniel Abbott, City Attorney, and Robert Oldershaw, Chief Litigation Counsel, Hollywood, for appellee.

FARMER, C.J.

Today we consider the extent of municipal powers by ordinance to seize personal property used in the commission of a crime. In so doing, we also address whether a city's willingness to restore the property it has thereby seized, upon payment of an "administrative" fee, conduces to a finding of validity for such an ordinance. In the end we hold the ordinance in question invalid.

First we set the factual stage. The City of Hollywood (City) has adopted...

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