Herring v. County of Escambia

‘ A complaint for declaratory judgment was filed by appellants seeking to have determined their rights under a certain ordinance of the County of Escambia, it being appellants’ contention that the ordinance was unconstitutional. At the conclusion of a trial on the merits the learned trial judge asked for briefs on two points: Whether or not declaratory relief was a fit and proper remedy and whether, if declaratory relief was the proper remedy, the questioned ordinance was constitutional. Both parties submitted briefs in support of the propriety of the declaratory judgment action. The learned…