McBride v. Chilivis

Banke, Presiding Judge.

Agents from the State Department of Revenue raided a nightclub operated by the plaintiff-appellant and confiscated his supply of alcoholic beverages due to his alleged failure to comply with state revenue laws and regulations governing the distribution of alcoholic beverages. He filed a suit for injunctive relief against Nick P. Chilivis, State of Georgia Revenue Commissioner, alleging that the seizure violated his constitutional rights and seeking the return of the property. The state filed a motion to dismiss, or in the alternative, for summary judgment, and attached…