ISAIAH KING AND RALPH KING, APPELLANTS,
v.
FLORIDA CITY, FLORIDA, A MUNICIPAL CORPORATION OF FLORIDA, APPELLEE
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Trial court properly denied mandamus to compel city approval of liquor license where the court found the proposed restaurant-lounge use constituted a nuisance under local zoning code.
A writ of mandamus will not issue to compel municipal approval of a liquor license application when the trial court finds the proposed use constitutes a nuisance under the city's zoning ordinance.
[1] A municipality may properly deny approval of a liquor license application when the proposed use constitutes a nuisance under the city's zoning ordinance, precluding manda…
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Join FLexlaw to unlock all legal intelligenceRalph King, previously licensed to operate a cafe that was closed by the State Beverage Department, and his brother Isaiah King sought mandamus to com…
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PER CURIAM.
The trial court declined to issue a writ of mandamus to the City of Florida City, Florida, commanding the City to grant its approval in all respects to petitioners’ application to the State Beverage Department for' liquor license and to grant the occupational licenses and other necessary permits of any kind whatsoever required to operate a “restaurant and nightclub” in Florida City. The trial judge set forth his findings from the evidence as follows :
. the Court . . . finds that the use of said premises as a restaurant-lounge is a nuisance within the meaning of Section 11, Master Zoning Code of the City of Florida City, Florida and a menace to the life and property of the citizens of Florida City, Florida, law enforcement agencies, and the patrons of said, establishment.
“The Court further finds that Petitioner, Ralph King, was previously licensed to operate said cafe prior to it being closed by the State Beverage Department; and that, Isaiah King, Ralph King, and Adolph King, a former operator, are brothers.”
On this appeal, the petitioners have failed to show that they were, under the facts found, entitled to the writ. See Myers v. State ex rel. Thompson, 81 Fla. 32, 87 So. 80 (1921) and De Groot v. Sheffield, Fla. 1957, 95 So. 2d 912.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- Myers v. State, 81 Fla. 32 (Fla. 1921)