DONALD G. NICHOLS, AND ALL OTHER CITIZENS OF THE CITY OF JACKSONVILLE, AND ALL OTHER PERSONS SIMILARLY SITUATED, APPELLANT,
v.
CITY OF JACKSONVILLE, A MUNICIPAL CORPORATION, AND CITY OF JACKSONVILLE BEACH, KNOWN AS SECOND URBAN SERVICES, DISTRICT OF THE CITY OF JACKSONVILLE, APPELLEES

Fla. 1st DCA | 1972-05-23
No. P-406
SPECTOR, C. J„ and RAWLS and WIGGINTON, JJ., concur.
262 So. 2d 236 Florida District Court of Appeal, First District (1972) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant brought this action for declaratory relief pursuant to the provisions of Chapter 87, F.S. He sought a judicial declaration holding Ordinance 6674 adopted by appellee City of Jacksonville Beach on March 1, 1971, to be unconstitutional and void. From a final judgment holding the ordinance in question to be a valid exercise of the authority vested in appellee under its corporate charter, this appeal is taken.

We have reviewed and carefully considered the theories and supporting authorities on which appellant relies for reversal. From such review we are not convinced that the trial court applied erroneous principles of law in arriving at its ultimate conclusion that the ordinance in question constituted a reasonable exercise of police power by appellee city in light of the evidence adduced at the trial.

The judgment appealed is affirmed.

SPECTOR, C. J„ and RAWLS and WIGGINTON, JJ., concur.


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    …gustine Beach. The City of Daytona Beach Shores seeks review of the Fifth District Court of Appeal’s decision in City of Daytona Beach Shores v. State, 454 So. 2d 651 (Fla. 5th DCA 1984), which we find conflicts with Nichols v. City of Jacksonville, 262 So. 2d 236 (Fla. 1st DCA 1972). In County of St. Johns v. Board of Trustees of the Internal Improvement Trust Fund, No. 85-279, the Fifth District Court of Appeal certified the trial court judgment as being of great public importance requiring immediate resolu…
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    …o cannot be considered a valid exercise of the city’s regulatory powers because it represents a purely revenue raising measure for underwriting various governmental activities and, as such, is not regulation. But see Nichols v. City of Jacksonville, 262 So. 2d 236 (Fla. 1st DCA [*655] 1972) (imposition of a toll to control vehicular traffic was held to be valid exercise of city’s regulatory power). If the ordinance only sought to regulate and police vehicular traffic rather than imposing a user charge for veh…

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