06-6520 CONRAD H. ROWE and DODGE CITY GAMES v. COUNTY OF DUVAL

State: Florida

Court: Florida First District Court

Docket No: 06-6520

Case Date: 01/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CONRAD H. ROWE; and DODGE CITY GAMES, LLC, Appellants, v. COUNTY OF DUVAL, a Political Subdivision of the STATE OF FLORIDA; JACKSONVILLE SHERIFF'S OFFICE; and HARRY SHORSTEIN, STATE ATTORNEY, FOURTH JUDICIAL CIRCUIT, Appellees. _____________________________/ Opinion filed January 24, 2008. An appeal from the Circuit Court for Duval County. Bernard Nachman, Judge. Kelly B. Mathis of Mathis & Murphy, P.A., Jacksonville, for Appellants. Bill McCollum, Attorney General, and George Waas, Special Counsel, Tallahassee; and Thomas M. Beverly, Office of General Counsel, Jacksonville, for Appellees. CASE NO.: 1D06-6520 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

BENTON, J. Conrad H. Rowe and Dodge City Games, LLC, d/b/a Copacabana (Copacabana) appeal the final summary judgment denying them declaratory and injunctive relief

they sought against Duval County, the Jacksonville Sheriff's Office, the State of Florida, and Harry Shorstein, State Attorney for the Fourth Judicial Circuit.1 Owners and operators of amusement centers in Duval County, appellants2 contend they fall within the safe harbor provision in section 849.161(1)(a)(1.), Florida Statutes (2006), and therefore outside the ban on gambling houses and slot machines. See

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