Town of Atlantic Beach v. Oosterhoudt

The Town of Atlantic Beach, by ordinance, created a protected zone between the upland and low water mark along the beach and prohibited its use with wagon, omnibus, automobile, or other motor-propelled vehicle, from three to seven P. M. on each week day, but the ordinance imposed no restriction's, whatever for its use on Sundays.

The appellee, Otto J. Oosterhoudt, filed his bill of complaint against the Town, the Town Marshal, the Town Council, and the Mayor, praying that they be restrained from enforcing said ordinance on the theory that the beach was a public highway and that the town was…