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HTS INDUSTRIES, INC. v. BROWARD COUNTY

No. 4D02-4588.

852 So.2d 382 (2003)

HTS INDUSTRIES, INC., d/b/a Hal's Towing and T.W.O.B.C., Inc., d/b/a All Points Towing, Appellants, v. BROWARD COUNTY, a political subdivision of the State of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 20, 2003.

Attorney(s) appearing for the Case

Scott W. Rothstein and Michael A. Pancier of Rothstein, Rosenfeldt, Dolin & Pancier, P.A., Fort Lauderdale, for appellants.

Edward A. Dion, County Attorney for Broward County, Andrew J. Meyers, Chief Appellate Counsel, Tamara M. Scrudders, and James D. Rowlee, Assistant County Attorneys, Fort Lauderdale, for appellee.

SHAHOOD, J.

The issue presented in this appeal is whether appellee, Broward County, a political subdivision of the State of Florida can, by ordinance, regulate amounts charged by tow truck operators for storage after non-consensual towing1 or is it preempted by federal law from enacting and enforcing such an ordinance. The trial court held in granting appellee's motion for temporary injunction and in denying appellant's motion to dissolve...

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