City of San Diego v. State Board of Equalization

This is an appeal from a judgment ordering the issuance of a writ of mandate directing the State Board of Equalization, hereinafter called “the board,” to cancel and annul 52 additional on-sale liquor licenses which were issued pursuant to section 38f of the Alcoholic Beverage Control Act (Stats. 1945, eh. 1401; 2 Deering’s Gen. Laws, Act 3796), which will be referred to as “the act.”

Section 38f was added to the act in 1945. At that time there were 364 on-sale licenses in effect in San Diego County. Under a rule of the board no new licenses had been issued since 1939. The population of that…