City of Homerville v. Touchton

Carley, Justice.

Roger Touchton, d/b/a Hoagies, applied to the City of Homerville (City) for a beer and wine license, which the City Council denied. Touchton then brought suit, seeking mandamus to compel issuance of the license. His original complaint named the City as the only defendant. In May 2006, while the mandamus action was pending, the City Council revoked the existing alcohol ordinance, which had been in effect since 1978, and adopted a replacement. The City Council then rescinded its previous denial of Touchton’s application, and agreed to reconsider it. At that point, Touchton,…