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FLORIDA RETAIL FEDERATION v. CORAL GABLES

No. 3D17-0562.

282 So.3d 889 (2019)

FLORIDA RETAIL FEDERATION, INC., et al., Appellants, v. The CITY OF CORAL GABLES, Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed August 14, 2019.

Attorney(s) appearing for the Case

Ashley Moody , Attorney General, and Amit Agarwal (Tallahassee), Solicitor General; Lehtinen Schultz Riedi Catalano De la Fuente, PLLC, and Dexter W. Lehtinen , and Claudio Riedi , for appellants.

Craig E. Leen , City Attorney, and Miriam S. Ramos , Deputy City Attorney; Kozyak Tropin & Throckmorton LLP, and Corali Lopez-Castro , Rachel Sullivan and Mindy Y. Kubs , for appellee.

Erin Deady (West Palm Beach); Derek Howard ; Roget V. Bryan , for City of West Palm Beach, Monroe County, and Islamorada, Village of Islands, as amici curiae.

Raul J. Aguila , City Attorney, and Nicholas Kallergis , Assistant City Attorney; Jean K. Olin , for City of Miami Beach, as amicus curiae.

Earthjustice and Bonnie A. Malloy (Tallahassee), for Surfrider Foundation, Campaign to Defend Local Solutions, League of Women Voters of Florida, Legal Scholars, 1000 Friends of Florida, ReThink Energy Florida, Florida Wildlife Federation, Save the Manatee Club, and Center for Biological Diversity, as amici curiae.

Before FERNANDEZ, LINDSEY, and HENDON, JJ.

I. INTRODUCTION

In 2016, the City of Coral Gables (the "City") passed an Ordinance prohibiting food service providers and stores from selling or using expanded polystyrene (i.e. Styrofoam) containers. The Florida Retail Federation and Super Progreso2 (collectively "FRF") filed the underlying complaint...

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