Banyan Cafeterias, Inc., 3 v. Faith Lutheran Church of Hialeah

HORTON, Judge.

Appellant by this interlocutory appeal seeks review of an order denying its motion for summary decree in a declaratory decree action brought by the appellees.

Appellees, a church and a liquor store owner, filed a complaint in chancery against the City of Hialeah, seeking a declaratory decree to determine their rights under § 4.24 of the city code which prohibits the sale of alcoholic beverages within 1,500 feet of a church. The complaint alleged doubt as to appellees’ rights under this section and prayed for additional, supplementary relief in the form of a mandatory injunction…