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Consolidated City v. Dusenberry

District Court of Appeal of Florida, First District
Aug 30, 1978
362 So. 2d 132 (Fla. Dist. Ct. App. 1978)

Opinion

No. JJ-28.

August 30, 1978.

Appeal from the Circuit Court, Duval County, Major B. Harding, J.

Dawson A. McQuaig, Gen. Counsel, William Lee Allen and Eve D. Peck, Asst. Counsel, Jacksonville, for appellant.

John J. Sulik and David M. Wiesenfeld of Dawson, Galant, Maddox, Sulik Nichols, Jacksonville, for appellee.


At issue here is the validity of Section 804.311 of the Jacksonville City Ordinance Code requiring a $1,000.00 occupational license fee for fortune tellers, clairvoyants, astrologists, etc. The trial court found that the ordinance, asserted by the city to be solely a revenue raising device, was ". . . unreasonable and thus illegal and void . . .". We agree that the ordinance is not valid as a revenue raising device and affirm the trial court's judgment. We do not in this opinion consider the power of the city to control this type of activity through regulatory ordinances.

AFFIRMED.

SMITH, Acting C.J., and MELVIN and BOOTH, JJ., concur.


Summaries of

Consolidated City v. Dusenberry

District Court of Appeal of Florida, First District
Aug 30, 1978
362 So. 2d 132 (Fla. Dist. Ct. App. 1978)
Case details for

Consolidated City v. Dusenberry

Case Details

Full title:CONSOLIDATED CITY OF JACKSONVILLE, APPELLANT, v. MIRIAM M. DUSENBERRY…

Court:District Court of Appeal of Florida, First District

Date published: Aug 30, 1978

Citations

362 So. 2d 132 (Fla. Dist. Ct. App. 1978)

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