State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. Robert

STONE, Judge.

In this proceeding instituted in the Circuit Court of Pulaski County, relator Kop-per Kettle Restaurants, Inc., sought a writ of mandamus to compel respondents, City of St. Robert, Missouri, its mayor, members of the board of aldermen, and city clerk, to issue a city license to relator, “upon payment of the proper fee,” for sale of liquor by the drink. Relator’s petition was filed on July 7, 1966; and, on the same date, an alternative writ issued. In due time, respondents filed their motion to quash the alternative writ and on the same date their return thereto. On November 28,…