Categories: Florida Court Opinions

BLACKBURN v. PANAMA CITY, 243 So.2d 627 (Fla.App. 1 Dist. 1971)

ROY BLACKBURN, MRS. MAUDE SIMMONS AND MRS. H.D. FOREMAN, APPELLANTS, v. CITY OF PANAMA CITY, FLORIDA, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE.

No. M-211.District Court of Appeal of Florida, First District.
February 4, 1971.

Appeal from the Circuit Court, Bay County, W.L. Fitzpatrick, J.

Robert B. Staats, Panama City, for appellants.

William E. Harris of Davenport, Johnston Harris, Panama City, for appellee.

PER CURIAM.

Appellant seeks reversal of a final judgment holding that a municipal ordinance enacted in Panama City is valid. The effect of the ordinance is to change the permissible distance between liquor licensees from 750 feet, as permitted by a prior ordinance, to a distance of 500 feet under the provisions of the challenged ordinance.

Our consideration of the record on appeal, briefs and arguments of counsel leads us to conclude that the appellee municipality acted within the scope of the authority conferred upon it by the provisions of Section 561.44, Florida Statutes, F.S.A. See Glackman v. City of Miami Beach, 51 So.2d 294 (Fla. 1951), headnotes 2 and 3.

JOHNSON, Chief Judge, and WIGGINTON and SPECTOR, JJ., concur.

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