Flava Works, Inc. v. City of Miami, Fla.

ORDER GRANTING IN PART, AND DENYING IN PART, DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT

MARCIA G. COOKE, District Judge.

THIS MATTER is before the Court on Defendants’ Motion to Dismiss the Complaint. For the reasons stated below this Motion is denied with respect to all but the third count. The Motion is also denied with respect to the Plaintiffs Petition for Writ of Certiorari. The Motion is granted without prejudice as to Count III, and Plaintiffs will permitted to replead that cause of action.

I. Background

This case is about a dispute over the application of the City of Miami’s Adult…