112 Grocery v. Cappel

TATE, Judge.

By this mandamus suit, the plaintiff partnership seeks to compel the defendant sheriff and other public officials to issue it an alcoholic beverage retail license. The plaintiff appeals from the dismissal of its suit upon an exception of no cause of action.

The essential issue is whether the 1948 repeal of a 1935 state law invalidates a local ordinance adopted under it which prohibits the sale of all alcoholic beverages. The plaintiff seeks a license to sell beer of 3.2% alcoholic content. The 1935 act authorized local prohibition of the sale of such low-alcoholic content beer,…