Milford 2nd Street Players v. Delaware Alcoholic Beverage Control Commission

OPINION

GEBELEIN, Judge.

Before the Court is a petition by plaintiffs Milford 2nd Street Players (“Players”) and Route 13, Inc. (“13”) for a writ of mandamus to compel the Delaware Alcoholic Beverage Control Commission (“Commission”) to grant petitioner’s gathering permits.1

The facts are as follows. 13 is a leaseholder of commercial property in Rehoboth Beach, Delaware. An application was filed in April 1988 for a restaurant liquor license on behalf of “13” for the premises. A protest against the application was filed before the Commission and a hearing was scheduled for August 19, 1988. See, 4…