Legal Opinion

Sullivan v. Board of Commissioners

Idaho Supreme Court

Decided June 24, 1912PublishedCited by 4 opinions

APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. James M. Stevens, Judge. Appeal from the order of the board of county commissioners refusing to grant a liquor license. From the judgment of the district court reversing the action of the board of commissioners, an appeal is prosecuted to this court. The late case of Darby v. Pence, 17 Ida. 697, 107 Pac. 484, 27 L. E. A., N. S., 1194, is in point in this matter.

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APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. James M. Stevens, Judge. Appeal from the order of the board of county commissioners refusing to grant a liquor license. From the judgment of the district court reversing the action of the board of commissioners, an appeal is prosecuted to this court. The late case of Darby v. Pence, 17 Ida. 697, 107 Pac. 484, 27 L. E. A., N. S., 1194, is in point in this matter. That case tested the discretion of the council of Boise City to grant or refuse a liquor license, and the power and jurisdiction of a court to review…

1Opinion of the CourtAilshie, J.

This appeal involves the action of the board of county commissioners of Lemhi county in rejecting the application of John Sullivan for a license to sell intoxicating liquors at retail in Leadore in Junction precinct, Lemhi county.

*205The respondent, Sullivan, made application in due and regular form and paid his license fee and executed the proper undertaking. The board of commissioners acted on the application and denied the same “for the reason that the granting of such license would not be conducive to the best interests of the community. ’ ’ The applicant thereupon appealed from the action of…

2Cases cited2 opinions

  1. Darby & Scollard v. PenceIdaho Supreme Court · 1910
  2. Anderson v. Board of CommissionersIdaho Supreme Court · 1912

3Cited by4 opinions

  1. Criddle v. Board of CommissionersIdaho Supreme Court · 1926
  2. Young v. Board of County CommissionersIdaho Supreme Court · 1947
  3. First National Bank of Moscow v. Board of CommissionersIdaho Supreme Court · 1925
  4. State v. MortonIdaho Supreme Court · 1918

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