· 12/23/2008
Phantom of Brevard, Inc. v. Brevard County
Citations
- 3 So. 3d 309
- 33 Fla. L. Weekly Supp. 1002
- 2008 Fla. LEXIS 2431
- 2008 WL 5333392
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding local ordinance to be constitutional because dealers could comply with the ordinance without violating statutory law and \the county simply chose to legislate in an area where the Legislature chose to remain silent\
- holding local ordinance to be constitutional because dealers could comply with the ordinance without violating statutory law and “the county simply chose to legislate in an area where the Legislature chose to remain silent”
- “There is conflict between a local ordinance and a state statute when the local ordinance cannot coexist with the state statute.”
- “[I]n a field where both the State and local government can legislate concurrently, a county cannot enact an ordinance that directly conflicts with a state statute”
- ordinance conflicts with state statute when complying with one requires violating the other
Source: CourtListener parenthetical corpus (CC0).
Judges: Canady, Quince, Anstead, Pariente, Lewis, Polston, Wells
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.