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STATE EX REL. SCHWARTZ v. CITY OF HIALEAH

No. 63-88.

156 So.2d 675 (1963)

STATE of Florida ex rel. Jack SCHWARTZ and Albert Lowenstein, a Partnership d/b/a Paddock Bar, Appellant, v. CITY OF HIALEAH, a municipal corporation under the laws of the State of Florida, Henry Milander, as Mayor of the City of Hialeah, J.M. Cherry, C.A. Whiteacre, V.J. Ashley, F.A. Benedetto, W.H. Lockward, M.E. Thompson and L.B. Whitworth, Jr., as Councilmen of the City of Hialeah, and James H. Goodlet, as City Clerk of the City of Hialeah, Appellees.

District Court of Appeal of Florida. Third District.

October 8, 1963.

Attorney(s) appearing for the Case

Heckerling & White, Miami, for appellants.

Ralph F. Miles, Hialeah, for appellees.

Before BARKDULL. C.J., and CARROLL and TILLMAN PEARSON, JJ.

PER CURIAM.

Appellant instituted mandamus proceedings in the trial court to require the municipal appellee, through its appropriate officials, to issue to it an alcoholic beverage license within 1,500 feet of existing churches. The trial judge refused to issue either the alternative or the peremptory writ, and dismissed the cause. We affirm.

No clear legal duty appears on the municipality requiring it to issue a...

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