U.S.S. TAMPA POST NO. 5 OF AMERICAN LEGION v. SCHLEMAN


53 So.2d 302 (1951)

U.S.S. TAMPA POST NO. 5 OF AMERICAN LEGION v. SCHLEMAN, Tax Collector.

Supreme Court of Florida, Division B.

June 29, 1951.


Attorney(s) appearing for the Case

Macfarlane, Ferguson, Allison & Kelly, and Fowler, White, Gillen, Yancey & Humkey and Shackleford, Farrior, Shannon & Stallings, all of Tampa, for appellant.

Richard W. Ervin, Atty. Gen., George E. Owen, Asst. Atty. Gen., and L.W. Renfroe, Tallahassee, for appellees.


ADAMS, Justice.

Lewis M. Schott, as Director of the State Beverage Department, denied a permit to U.S.S. Tampa Post, #5 of the American Legion, a chartered veterans' organization, to serve alcoholic beverages. The reason was that the Legion Post was located in an area where the City of Tampa had zoned against the sale of alcoholic liquors.

The Legion Post filed a bill for declarative decree claiming that it was not selling liquor and was within the purview...

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