Alberti v. City of Whitewater

The City of Whitewater (Whitewater) and the Common Council of Whitewater (Council) appeal from a judgment finding that the Council has no discretion to control the expansion of a licensed tavern’s premises and from a writ of mandamus ordering the city clerk to license an expansion of the Woodshed Tavern (Woodshed) and to report the license amendment to the Council. The question on appeal is whether a tavern operator who has been issued a one-year license to sell intoxicants on specifically described premises may alter his license without the approval of the issuing authority. Mark Alberti,…