| Fla. | Nov 4, 1947
The respondent as plaintiff brought his bill against the petitioners-defendants. The petitioners-defendants filed a "motion to dismiss" the bill and a "motion to strike" pats of the bill. Both motions were overruled and denied which orders petitioners now seek review by this Court.
The bill alleges that Boris Rivkind at a time when he had no place of business obtained a license for a bar and package store for the sale of liquor and transferred it to J-M Corp. and that such transfer was a violation of Section
That the location of the bar and package store was without the "primary fire zone" as defined by the City's ordinance and within a thousand feet of the St. Alban's Kindergarten Nursery School; and that City ordinance 1682 prohibits the issuance of such a liquor license for a place of business nearer than a thousand feet to any school when without the "primary fire zone."
Plaintiff-respondent also sought to justify his right to bring the bill by authority of 54.11 F.S.A. as an act to abate a nuisance, proceeding on the theory that any place to sell liquor is a nuisance as defined by
It is our conclusion that a kindergarten nursery is not a school within the intent of the ordinance and Chapter
Certiorari is granted and the order denying said motion to dismiss is quashed.
TERRELL, BUFORD and ADAMS, JJ., concur.