Hunnewell v. Palm Beach County

District Court of Appeal of Florida

Hunnewell v. Palm Beach County

723 So. 2d 353, 1998 Fla. App. LEXIS 16053, 1998 WL 889495

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1998

DocketNo. 98-2608

StatusPublished

Cited by1 cases

This text of 723 So. 2d 353 (Hunnewell v. Palm Beach County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hunnewell v. Palm Beach County, 723 So. 2d 353, 1998 Fla. App. LEXIS 16053, 1998 WL 889495 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm an order denying appellant’s petition for temporary injunction against the county enforcing Chapter 791, Florida Statutes (1997), which regulates the sale of fireworks. We reject appellant’s argument that either the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. or the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq. preempts states from regulating or prohibiting the sale of fireworks. See United States v. Marcyes, 557 F.2d 1361 (9th Cir.1977). Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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PER CURIAM.

We affirm an order denying appellant’s petition for temporary injunction against the county enforcing Chapter 791, Florida Statutes (1997), which regulates the sale of fireworks. We reject appellant’s argument that either the Consumer Product Safety Act, 15 U.S.C. § 2051 et seq. or the Federal Hazardous Substances Act, 15 U.S.C. § 1261 et seq. preempts states from regulating or prohibiting the sale of fireworks. See United States v. Marcyes, 557 F.2d 1361 (9th Cir.1977). Because appellant failed to demonstrate that the items he was selling were not fireworks within the definition contained in section 791.01(4)(a), Florida Statutes (1997) the trial court properly denied the injunction.

KLEIN, STEVENSON and SHAHOOD, JJ., concur.

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723 So. 2d 353, 1998 Fla. App. LEXIS 16053, 1998 WL 889495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunnewell-v-palm-beach-county-fladistctapp-1998.

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