State ex rel. Schwartz v. City of Hialeah

Appellant instituted mandamus proceedings in the trial court to require the municipal appellee, through its appropriate officials, to issue to it an alcoholic beverage license within 1,500 feet of existing churches. The trial judge refused to issue either the alternative or the peremptory writ, and dismissed the cause. We affirm.

*676No clear legal duty appears on the municipality requiring it to issue a beverage license to the relator but, to the contrary, the record affirmatively discloses that the City would be in violation of its own ordinances prohibiting the issuance of an alcoholic beverage…