Ensley Seafood Five Points, LLC v. City of Birmingham

THOMAS, Judge.

On February 9, 2011, Ensley Seafood Five Points, LLC (“Ensley Seafood”), filed a complaint seeking declaratory relief in the Jefferson Circuit Court against the City of Birmingham (“the City”). Ensley Seafood claimed that the decision of the Birmingham City Council (“the city council”) denying its application for a license to sell beer and wine for off-premises consumption (“the license”) was arbitrary or capricious and had violated its rights under the Equal Protection Clause of the United States Constitution.1 Ensley Seafood claimed that the city council had erred in…