Opinion
October 17, 1952.
J. Lewis Hall, Tallahassee, for relator.
Manuel M. Garcia, Tampa, for respondents.
This cause comes on to be heard on a motion to quash an alternative writ of mandamus heretofore issued by this Court. The proceeding challenges the constitutionality of section 550.05, Florida Statutes 1951, F.S.A., which provides that "* * * no application shall be considered and no permit shall be issued by the racing commission nor voted upon in any county to conduct running horse races, harness horse races or dog races at a location within one hundred miles road travel via most practical route of another location for which a permit has been issued and a racing plant located * * *."
The questions raised by the parties have been thoroughly briefed and argued and after full consideration the Court has reached its conclusion.
Because the Court is of the view that an early decision on this public matter is highly desirable, the Court now announces its decision and enters its judgment, leaving for further consideration the determination whether a full opinion amplifying its conclusion and judgment will hereafter be filed with the Clerk.
It is the opinion and judgment of the Court that the challenged statute is not void and unconstitutional, as contended by the relator, and hence that the alternative writ of mandamus heretofore issued herein should be quashed and the cause dismissed at the cost of the relator.
It is so ordered.
SEBRING, C.J., and TERRELL, THOMAS, HOBSON, ROBERTS and MATHEWS, JJ., concur.
DREW, J., not participating.