Other Place of Miami, Inc. v. City of Hialeah Gardens, No. 77-1519

CourtFlorida District Court of Appeals
Writing for the CourtHAVERFIELD; NATHAN
Citation353 So.2d 861
PartiesThe OTHER PLACE OF MIAMI, INC., Appellant, v. The CITY OF HIALEAH GARDENS, Appellee.
Decision Date06 December 1977
Docket NumberNo. 77-1519

Page 861

353 So.2d 861
The OTHER PLACE OF MIAMI, INC., Appellant,
v.
The CITY OF HIALEAH GARDENS, Appellee.
No. 77-1519.
District Court of Appeal of Florida, Third District.
Dec. 6, 1977.
Rehearing Denied Feb. 1, 1978.

Page 862

Tobias Simon, Miami, for appellant.

Stephen J. Wisotsky, Fort Lauderdale, Wepman & Wepman, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

HAVERFIELD, Judge.

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)....

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8 practice notes
  • City of Miami Springs v. J.J.T., Inc., No. 82-119
    • United States
    • Florida District Court of Appeals
    • September 13, 1983
    ...(Fla.1979); Hardage v. City of Jacksonville Beach, 399 So.2d 1077 (Fla. 1st DCA 1981); Other Place of Miami v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 4 We therefore need not decide whether the reading urged by the City, that is, that the ordinance comes within the express provi......
  • Denene, Inc. v. City of Charleston, No. 25829.
    • United States
    • United States State Supreme Court of South Carolina
    • May 24, 2004
    ...basis review rather than strict scrutiny in an equal protection challenge); Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861, 863 (Fla.3rd App. Dist.1977) (ordinances curtailing the closing hours for the sale of alcoholic beverages from 3:00 a.m. to 1:00 a.m. were a vali......
  • Florida Medical Center, Inc. v. New York Post Co., Inc., 88-3309
    • United States
    • Court of Appeal of Florida (US)
    • September 12, 1990
    ...dismiss we must take as true all well-pled Page 459 allegations of the complaint. Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 1977). In its complaint appellant alleged that the factual statements contained in the article were false and published with ac......
  • Rishel v. Eastern Airlines, Inc., No. 84-187
    • United States
    • Florida District Court of Appeals
    • March 26, 1985
    ...obligation is to accept all well-pled allegations of the complaint as true. Price; Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 1977), cert. denied, 364 So.2d 889 (Fla.1978). However, a pleading is deemed insufficient if it contains mere statements of op......
  • Request a trial to view additional results
8 cases
  • City of Miami Springs v. J.J.T., Inc., No. 82-119
    • United States
    • Florida District Court of Appeals
    • September 13, 1983
    ...(Fla.1979); Hardage v. City of Jacksonville Beach, 399 So.2d 1077 (Fla. 1st DCA 1981); Other Place of Miami v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 4 We therefore need not decide whether the reading urged by the City, that is, that the ordinance comes within the express provi......
  • Denene, Inc. v. City of Charleston, No. 25829.
    • United States
    • United States State Supreme Court of South Carolina
    • May 24, 2004
    ...basis review rather than strict scrutiny in an equal protection challenge); Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861, 863 (Fla.3rd App. Dist.1977) (ordinances curtailing the closing hours for the sale of alcoholic beverages from 3:00 a.m. to 1:00 a.m. were a vali......
  • Florida Medical Center, Inc. v. New York Post Co., Inc., 88-3309
    • United States
    • Court of Appeal of Florida (US)
    • September 12, 1990
    ...dismiss we must take as true all well-pled Page 459 allegations of the complaint. Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 1977). In its complaint appellant alleged that the factual statements contained in the article were false and published with ac......
  • Rishel v. Eastern Airlines, Inc., No. 84-187
    • United States
    • Florida District Court of Appeals
    • March 26, 1985
    ...obligation is to accept all well-pled allegations of the complaint as true. Price; Other Place of Miami, Inc. v. City of Hialeah Gardens, 353 So.2d 861 (Fla. 3d DCA 1977), cert. denied, 364 So.2d 889 (Fla.1978). However, a pleading is deemed insufficient if it contains mere statements of op......
  • Request a trial to view additional results

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