City of Clute v. Linscomb

PEDEN, Justice.

Linscomb filed this cause seeking to have declared void Ordinance No. 308 of the City of Clute, which restricted to certain specified areas the sale of beer for consumption on the premises where sold. He also sought a peremptory writ of mandamus ordering Clute’s City Secretary to certify that no provision of the city charter or any ordinance or amendment thereto placed any limitation on the sale of alcoholic beverages on his place of business in Clute. After a non-jury trial, the court granted the relief sought by Linscomb. The judgment recited that the trial court found that…