CITY OF MIAMI BEACH v. SMITH COMPANY


90 So.2d 312 (1956)

CITY OF MIAMI BEACH, Florida, a municipal corporation, Appellant, v. E.J. SMITH COMPANY, a Florida corporation, Appellee.

Supreme Court of Florida. Special Division B.

Rehearing Denied November 19, 1956.


Attorney(s) appearing for the Case

Ben Shepard, Miami, and Joseph A. Wanick, Miami Beach, for appellant.

Sibley & Davis and Thomas H. Barkdull, Jr., Miami Beach, for appellee.


ROBERTS, Justice.

The point for determination in this case is whether the City of Miami Beach, appellant here and defendant below, is estopped from refusing to issue an "open bar" liquor license to the E.J. Smith Company, plaintiff-appellee. The lower court so held in a suit brought by the company to mandatorily enjoin the issuance of such a license by the city, and the city has appealed.

The city is authorized and is willing to issue a "service bar" license...

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