Legal Opinion

The Trustees of Mortgage Trust of America, D/B/A Sussex Club v. James Holland, Chairman, Board of Commissioners, Clarke County, Georgia

Court of Appeals for the Fifth Circuit

Decided June 20, 1977No. 76-3841PublishedCited by 8 opinions

1Opinion of the Court

RONEY, Circuit Judge:

Plaintiff was refused a license to sell alcoholic beverages by the County Commissioners of Clarke County, Georgia, because plaintiff’s property was not located in a district in which liquor sales are permitted by local ordinance. When plaintiff brought suit, the district court decided that the ordinance limiting liquor licenses to certain specified zones was so arbitrary and irrational as to violate the due process and equal protection clauses of the Constitution, and exceeded the police powers of the County. The court enjoined enforcement of the ordinance. We reverse.

Regu…

2Cases cited10 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. City of New Orleans v. DukesSupreme Court of the United States · 1976
  3. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  4. California v. LaRueSupreme Court of the United States · 1973
  5. Joseph E. Seagram & Sons, Inc. v. HostetterSupreme Court of the United States · 1966

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3Cited by8 opinions

  1. Jefferson County v. BraswellSupreme Court of Alabama · 1981
  2. Arno v. Alcoholic Beverages Control CommissionMassachusetts Supreme Judicial Court · 1979
  3. Charles E. Studen v. Robert S. BeebeCourt of Appeals for the Sixth Circuit · 1978
  4. Roy Lee Davidson v. City of Clinton, MississippiCourt of Appeals for the Fifth Circuit · 1987
  5. Bossier City Medical Suite, Inc. v. City of Bossier CityDistrict Court, W.D. Louisiana · 1980

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