SEMINOLE ENTERTAINMENT, INC., ET AL, APPELLANTS,
v.
SEMINOLE COUNTY, FLORIDA, ET AL, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the trial court's denial of a temporary injunction, holding that the City of Casselberry's ordinance permitting regulated nudity in adult entertainment establishments prevails over Seminole County's prohibition under the Home Rule Charter's conflict provision.
A municipality's ordinance permitting nudity in adult establishments prevails over a county ordinance prohibiting such nudity when the Home Rule Charter specifies that municipal ordinances prevail in case of conflict.
[1] A municipality's ordinance permitting a regulated activity prevails over a conflicting county ordinance when the Home Rule Charter provides that municipal ordinances prev…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe City of Casselberry has long permitted regulated nudity in adult entertainment establishments and amended its ordinance in 1996 to designate them …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse County Ordinances cases and more on FLexlaw
HARRIS, J.
The issue here is whether the court erred in not granting a temporary injunction. We reverse.
The City of Casselberry has for many years permitted regulated nudity in “adult entertainment establishments.” Although in 1996 the City of Casselberry amended its ordinance by changing the designation of the places which permit nudity to “adult performance establishments,” it did not prohibit nudity in establishments falling within the newly designated classification.
Seminole County did in fact, by ordinance, disallow nudity in such establishments as are at issue here, but its Home Rule Charter, Article I, Section 1.4, specifically provides that, “Municipal ordinances shall prevail over county ordinances to the extent of any conflict.” Although the trial court found no conflict in the two ordinances, its reasoning is not apparent in the record. We reverse.and remand for further consideration as to whether there is in fact a conflict in the ordinances as to whether nudity is permitted in adult establishments (as appears from the record submitted to us) and if indeed the City of Casselberry permits nudity in such establishments, then for the entry of the requested injunction.
REVERSED and REMANDED.
COBB and THOMPSON, JJ., concur.