Garnett v. Incorporated Village of Atlantic Beach

This is in action for a declaratory judgment which involves the question of the validity of Ordinance No. 28 of the Incorporated Village of Atlantic Beach. The proceeding herein was generated by the respondent’s prosecution of the petitioner, Miles Garnett, for an alleged violation of the ordinance. During the pendency of the instant action, Mr. Garnett was convicted of the violation. He has prosecuted an appeal from the judgment of the Village Justice Court of Atlantic Beach, and a determination thereof is pending.

In addition to a declaration of the invalidity of Ordinance No. 28,…