Lukin v. State Board of Equalization

According to appellants’ brief, “Petitioners applied for an off-sale general liquor license and the Board refused to receive, act upon or grant the application. Petitioners thereupon petitioned for an alternative writ of mandamus and for damages, to which petition the board demurred. The demurrer was sustained without leave to amend, from which order (judgment of dismissal) petitioners appeal.”

The board’s refusal to act on appellants’ application, renewed several times, was based, as respondents state, “on its interpretation of section 38f of the Alcoholic Beverage Control Act, which…