Tabaczka v. Liquor Control Commission

On plaintiff’s petition we entered an order directing the defendant liquor control commission to show cause why mandamus should not be granted to compel it to allow plaintiff a new SDM license to sell alcoholic beverages at retail at 5546 Chopin street in Detroit, known as Tobey’s Market. Return has been filed and the case submitted.

The question involved is whether plaintiff’s To- bey’s Market is within 500 feet of a church or a school building within the proscribed area under CLS 1954, § 436.17a (Stat Ann 1953 Cum Supp §18.988[1]), which provides:

“Any new application for a license to sell…