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PEARSON'S FIREWORKS v. CITY OF HATTIESBURG

No. 2010-CA-00495-COA.

66 So.3d 1276 (2011)

PEARSON'S FIREWORKS, INC., Appellant v. CITY OF HATTIESBURG, Mississippi, Appellee.

Court of Appeals of Mississippi.

July 26, 2011.

Attorney(s) appearing for the Case

Lawrence Cary Gunn Jr. , Hattiesburg, Joseph H. Montgomery , Poplarville, attorney for appellant.

Charles E. Lawrence Jr. , attorney for appellee.

Before LEE, C.J., MYERS and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. In 2008, Pearson's Fireworks, Inc. (Pearson's) brought three claims against the City of Hattiesburg, Mississippi. Pearson's sought (1) a declaratory judgment that the city ordinance prohibiting the sale of fireworks was unenforceable against it, (2) damages for the "regulatory taking" of its business, should the city ordinance be declared enforceable, and (3) injunctive relief preventing Hattiesburg from closing its business until...

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