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PHANTOM OF CLEARWATER v. PINELLAS COUNTY

No. 2D03-5408.

894 So.2d 1011 (2005)

PHANTOM OF CLEARWATER, INC., d/b/a Phantom Fireworks, Appellant, v. PINELLAS COUNTY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 7, 2005.

Attorney(s) appearing for the Case

Marion Hale and Sharon E. Krick of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellant.

Susan H. Churuti, County Attorney; Robert C. Swain and Michael A. Zas, Senior Assistant County Attorneys; and Suzanne M. Mucklow, Assistant County Attorney, Clearwater, for Appellee.

Steven G. Mason of Steven G. Mason, P.A., Orlando, for Amicus Curiae Galaxy Fireworks, Inc.

ALTENBERND, Chief Judge.

Phantom of Clearwater, Inc., d/b/a Phantom Fireworks, appeals a final judgment that dismissed its action against Pinellas County for a declaratory judgment. Phantom Fireworks sought a judgment declaring Pinellas County Ordinance 03-48 unconstitutional. This ordinance regulates businesses that sell fireworks. Phantom Fireworks maintains that the entire ordinance is unconstitutional because it is expressly or impliedly preempted by chapter 791...

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