Clark v. Town of Mandeville

Plaintiff, being denied a license to sell alcoholic beverages, filed suit to require issuance thereof to him by respondents. According to the allegations of the application, the applicant has been so licensed by respondents since 1952.

On January 24, 1958, petitioner’s suit was dismissed after trial on the merits, which had the effect of putting his cocktail lounge out of business. Under LSA-R.S. 26:104, no suspensive appeal is afforded from the denial of an order to require issuance of alcoholic beverage sales permits. Petitioner applied for a devolutive appeal, his application for a…