Ricky McAlpin and Anna McAlpin v. Louis Roberts, III, in his official capacity etc.

The Appellants operate a tube and canoe rental business on the banks of Spring Creek in Marianna, Florida. They sued the Sheriff of Jackson County, complaining that he and his deputies were interfering with the Appellants’ business by unlawfully attempting to enforce a county ordinance limiting glass and Styrofoam containers in Spring Creek. Among other things, the' Appellants alleged that the Sheriffs deputies had unlawfully entered the Appellants’ property and interfered with “customers in their use of [Appellants’] vessels and other services.”

In response, the Sheriff moved to dismiss…