Other Place of Miami, Inc. v. City of Hialeah Gardens, 77-1519
| Decision Date | 06 December 1977 |
| Docket Number | No. 77-1519,77-1519 |
| Citation | 353 So.2d 861 |
| Parties | The OTHER PLACE OF MIAMI, INC., Appellant, v. The CITY OF HIALEAH GARDENS, Appellee. |
| Court | Florida District Court of Appeals |
Tobias Simon, Miami, for appellant.
Stephen J. Wisotsky, Fort Lauderdale, Wepman & Wepman, Miami, for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
Plaintiff, The Other Place of Miami, Inc., a liquor vendor, appeals an order dismissing its complaint to enjoin the enforcement of a City of Hialeah Gardens' ordinance rolling back its closing hours.
In 1974 plaintiff nightclub was the only retail vendor of alcoholic beverages (as distinguished from beer and wine) in the defendant City and contends it chose the Hialeah Gardens location because of the provision of the City's charter which then permitted premises where intoxicating beverages are sold to remain open from 7:00 A.M. to 3:00 A.M. After The Other Place was opened for business it became the site of numerous late night disturbances and offenses particularly after the hour of 1:00 A.M. Subsequently, by public referendum, on September 7, 1976 the City's charter was amended to provide for the regulation of hours of sale of alcoholic beverages by ordinance as authorized by Section 562.14, Florida Statutes (1975). Subsequently, the City council enacted ordinances nos. 77-05 and 77-06 changing the closing hours of sale of alcoholic beverages from 3:00 A.M. to 1:00 A.M. Thereupon, The Other Place filed the instant complaint to enjoin the enforcement of these ordinances. The complaint, in essence, alleged that the refusal of the City council to grandfather it in as a 3:00 A.M. licensee was wilfully designed to harm it in the operation of its business; is arbitrary, unreasonable and capricious; and the actions of the City with respect to these ordinances amounts to a taking of its property without due process of law. The City filed a motion to dismiss for failure to state a cause of action which was granted by the trial judge after hearing argument of respective counsel. The Other Place appeals.
In endeavoring to determine whether a complaint states a cause of action, all the allegations within the complaint must be considered and those allegations contained therein which are well pled must be accepted as true. Crutchfield v. Adams, 152 So.2d 808, 810 (Fla. 1st DCA 1963); State ex rel. Brown v. Sussman, 235 So.2d 46, 48 (Fla. 3d DCA 1970). Nevertheless mere statements of opinion or conclusions unsupported by specific facts will not suffice. Brandon v. County of Pinellas, 141 So.2d 278 (Fla. 2d DCA 1962). In other words, we will not be bound by bare allegations which are unsupported or unsupportable. See Place v. Shepherd, 446 F.2d 1239, 1244 (6th Cir. 1971) and cases cited therein.
In light of the above controlling principles, we first note that The Other Place makes no...
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