City of New Smyrna Beach v. County of Volusia

ORFINGER, Judge.

The pivotal issue in this case is the facial constitutionality of an amendment to the Volusia County Charter which establishes a Beach Trust Commission, and which authorizes the County Council, with the advice of the Commission, to adopt a Unified Beach Code “comprehensively regulating public health, safety and welfare on and pertaining to the [Atlantic Ocean] beach” within the county. The trial court implicitly found the charter amendment to be facially constitutional. We affirm.

This action commenced when four municipalities located in Volusia County challenged the proposed…