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GALAXY FIREWORKS, INC. v. BUSH

Nos. 2D05-2478, 2D05-2479.

927 So.2d 995 (2006)

GALAXY FIREWORKS, INC., Appellant, v. The Honorable Jeb BUSH, Governor of the State of Florida, and the State of Florida, Appellees. Itzhak Dickstein, Appellant, v. The Honorable Jeb Bush, Governor of the State of Florida, and the State of Florida, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 17, 2006.

Attorney(s) appearing for the Case

Steven G. Wenzel of Wenzel & Fenton, P.A., Tampa, for Appellants.

Charles J. Crist, Jr., Attorney General; Christopher M. Kise, Solicitor General; James A. McKee, Deputy Solicitor General; and Samantha B. Hunter, Honors Attorney, Tallahassee, for Appellees.

SALCINES, Judge.

In a consolidated action below, Galaxy Fireworks, Inc., and Itzhak Dickstein filed an inverse condemnation action against the State of Florida and Jeb Bush, the Governor of the State of Florida. The complaint alleged that Executive Order 98-165 deprived the plaintiffs of the opportunity to sell fireworks for the July 1998 fireworks sales season and that the prohibition constituted a compensable taking. The trial court entered a final summary judgment...

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