State Ex Rel. Alper v. Tomlinson

TERRELL, J.:

Appellant applied to appellees for a license to operate a liquor store on 41st Street in the City of Miami Beach. His application being denied, he thereupon procured an alternative writ of mandamus requiring appellees to issue the license to show cause why they refused to do so. The trial court granted a motion to quash the alternative writ and entered judgment for respondent. This appeal was prosecuted.

The parties are at variance as to the question presented. We state it as follows: Must an ordinance regulating the number of liquor stores that may be licensed in the City of Miami…