Taylor v. Trianon Amusement Co.
| Decision Date | 11 March 1941 |
| Parties | TAYLOR, Co. Sol. v. TRIANON AMUSEMENT CO. et al. |
| Court | Florida Supreme Court |
En Banc.
Suit by the Trianon Amusement Company and another against Robert R Taylor, as County Solicitor, prosecuting for the state of Florida in the county of Dade, to enjoin the criminal prosecution of the plaintiffs for the maintenance of an alleged nuisance. From an adverse order, defendant appeals.
Reversed with directions.
THOMAS J., and BROWN, C.J., dissenting. Appeal from Circuit Court, Dade County; Ross Williams, Judge.
Robert R. Taylor and Thomas H. Anderson, both of Miami, for appellant.
Edward L. Semple, of Miami, for appellees.
The record discloses that Kenneth W. Chisholm and the Trianon Amusement Co., a corporation, owned and operated a night club located on the Tamiami Trail at 8th Street and 61st Avenue Southwest, in the City of Miami, but situated outside of the city limits. While the Tamiami Trail runs east and west and is generally recognized and shown to be business property at this point, on the north and south thereof are homes and residences and the area is moderately settled as established by the many witnesses appearing in the lower court and giving the locations of their respective homes.
The Trianon Amusement Co. opened for business around 8:30 P.M and operated until 3 A.M., and in some instances the performances continued as late as 4 or 4:30 A.M. Some of the witnesses placed the average time of closing around 3 A.M. The programs of the Amusement Company generally consisted of dancing and incidental thereto was music rendered by bands and orchestras. Whiskies, wines and beers were obtainable and some forms of gambling existed. Loud speakers or microphones were used to announce the several events of the evening. The music employed was of a loud type and in some instances given through the loud speakers or microphones. The noises were so intense, voluminous and continuous that rest and sleep of many of the residents of that area could not be had or obtained until the night club closed and the crowds dispersed. These noises disturbed the sleep and rest of some residing one and one-half miles from the night club.
The testimony disclosed that the lawn of a home owner located in close proximity to the night club was used as a 'toilet' by some of the persons attending the club. Incidental to the excessive use of intoxicants was profanity to which the community was subjected. One witness stated that 'the shrill voice of an intoxicated woman was similar to brawls in former days heard in a red light district.' 'They screamed like a bunch of wild cats', said another. The people clapped their hands and 'applauded'. The loud speaker would blare out. 'This dance is on the house'; Miss So and So will sing 'Alice Blue Gown'; and 'I'll Never Smile Again.'
The residents of the area were required to listen to cursing, swearing, whooping, yelling, shouting, obscene language, stamping of feet, the noise of car horns and motors, loud music and announcements over the microphone, the result of 'jitterbug dance contests.' This noise is continuous from 8:30 P. M. to 3, 4 and 4:30 A.M. at the corner of 8th Street and 61st Avenue, and 'is enough to run anybody crazy' and 'my children cannot sleep', one woman testified.
Another witness testified in part: 'On Saturday nights they come by our place and stagger, and just, oh, about a week ago, somebody, two or three fellows were drunk and another machine picked them up, and later on a couple of girls came by there just talking loud and carrying on something terrible. The announcement of the beginning of the evening program was over the radio and viz: 'Good evening everybody, this is Ken Chisholm speaking from the Trianon on the Trail at 61st Avenue, where the sky is the cloak and the stars are the light.' One witness stated he could hear the noise nearly to Flagler Street, while others testified as to living in the community and not being affected by the boistrous noises.
The Amusement Company admits the existence of noises each night in the week and the conflict is the degree or extent of the noise. An effort had been made not only to reduce the volume of the noise, but to close the business around 2:30 A.M. The health of many of the residents in that area was affected because of the loss of sleep traceable to the noise at the night club. One witness testified that the value of his property had been deleteriously affected by the operation of this night club.
The Honorable Robert R. Taylor, County Solicitor of Dade County, Florida, filed in the Criminal Court of Record of said county, an information charging a nuisance against those operating the said night club, when the Trianon Amusement Co. and Kenneth W. Chisholm brought a suit in chancery to enjoin the criminal prosecution of the said defendants for the maintenance thereof. The suit was brought against Robert R. Taylor, as County Solicitor prosecuting for the State of Florida in the County of Dade. The lower court, without notice, issued a restraining order against the County Solicitor.
In an answer the County Solicitor admitted many of the allegations of the bill of complaint and alleged that the place operated by the plaintiffs below was conducted in such a manner as to disturb the residents of that locality and that it was operated at unreasonable hours and the people therein were deprived of sleep and rest and were unduly and unreasonably disturbed. The answer prayed that the plaintiffs below be restrained from conducting their business in such a way as to unlawfully interfere with the rights of the residents in the area where said amusement company operated.
Considerable testimony was offered by the County Solicitor to sustain the prayer of his answer and the evidence appearing in the record has by this court been carefully considered. It cannot be seriously contended by counsel that the noise emanating from the night club at unreasonable hours disturbs the rest, quiet and sleep of the residents surrounding the night club and over a large area. The testimony further shows that some of the criminal laws of Florida are being violated by individuals attending the performances of the night club. The County Solicitor had filed criminal proceedings and was trying to enforce the criminal laws when a restraining order by the lower court was entered against the County Solicitor. It is shown that the Trianon Amusement Co., Kenneth W. Chisholm, and others, had invested in this night club the sum of approximately $25,000 and the operation thereof was not showing a profit to the owners. The lower court, after hearing all the testimony, entered a final decree making permanent the temporary restraining order previously entered. The County Solicitor at the final hearing in the lower court contended that the evidence adduced shows that the Trianon Amusement Co. and Mr. Chisholm were maintaining a nuisance at 8th Street and 61st Avenue Southwest in Miami, and its continued operation should be enjoined. We think the testimony fully sustained the contention of the County Solicitor and that the permanent injunction restraining a constitutional officer from the performance of his constitutional duties was clearly erroneous.
It cannot be denied that property rights are protected by the fundamental law but the courts in the protection of these constitutional rights of property have never held that the use thereof cannot be regulated under the police power. The use of the property by the plaintiffs, as shown by the record, caused a violation of our criminal laws and under the decree the County Solicitor was restrained from proceeding criminally against those violating the criminal laws of Florida. We think this theory of protecting property rights is not supported by the law.
In the case of City of Miami Beach, et al. v. Texas Co., 141 Fla. 616, 194 So. 368, 375, 128 A.L.R. 350, when considering this particular point, said:
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