BROOKSVILLE, Fla. (Legal Newsline) – A fireworks company is seeking declaratory judgment and injunctive relief against a Florida county after it denied permits to sell fireworks.
Galaxy Fireworks Inc. filed a complaint on April 6 in the 5th Judicial Court of Florida - Hernando County against Hernando County over alleged violation of the due process clause of the Florida and U.S. Constitution.
According to the complaint, the plaintiff alleges that in 2017, it filed for two permits with the defendant in order sell its products through seasonal tents at three locations in the Hernando County. The plaintiff alleges that after 15 years of following the same procedure to acquire and obtain permits, the defendant allegedly denied its permits for one location.
"Hernando County claims Galaxy had no right to sell consumer fireworks for that time period and that by doing so it has caused an 'irreversible/irreparable' injury and therefore, the county is entitled to $30,000 from the plaintiff through the code enforcement hearing process," the suit states.
The plaintiff seeks judgment declaring the rights of the parties and for supplemental relief, including injunctive relief, and seeks to apply this unconstitutional ordinance for the New Year's holiday season of 2017-2018. It is represented by Terrence F. Lenick in Naples, Florida.
The defendant removed the case to the U.S. District Court for the Middle District of Florida on April 16.
U.S. District Court for the Middle District of Florida case number 8:18-cv-00916-VMC-CPT