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CITY OF MIAMI BEACH v. CLEVELANDER OCEAN

No. 3D21-1345.

338 So.3d 16 (2022)

CITY OF MIAMI BEACH, Appellant, v. CLEVELANDER OCEAN, L.P., Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed March 2, 2022.

Attorney(s) appearing for the Case

Rafael A. Paz , City Attorney, and Aleksandr Boksner , Chief Deputy City Attorney, and Mark A. Fishman , First Assistant City Attorney, Weiss Serota Helfman Cole & Bierman, P.L., and Jamie A. Cole (Fort Lauderdale), and Edward G. Guedes , and Eric P. Hockman , Coral Gables, and Richard B. Rosengarten , for appellant.

Akerman LLP, and Gerald B. Cope, Jr. , and Joni Armstrong Coffey , and Wesley Hevia , Shutts & Bowen LLP, and Alexander I. Tachmes , Miami, for appellee.

Before LINDSEY, MILLER, and GORDO, JJ.

This is an appeal from a grant of a preliminary prohibitive injunction in favor of appellee, the Clevelander Ocean, L.P., effectively restraining the enforcement of two ordinances enacted by appellant, the City of Miami Beach. The first ordinance (the "Alcohol Sales Rollback") rolled back the hours of alcohol sales from 5:00 a.m. to 2...

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