TRUSTEES OF MORTG. TRUST OF AMERICA v. HOLLAND

No. 76-3841 Summary Calendar.

554 F.2d 237 (1977)

The TRUSTEES OF MORTGAGE TRUST OF AMERICA, d/b/a Sussex Club, Plaintiff-Appellee, v. James HOLLAND, Chairman, Board of Commissioners, Clarke County, Georgia, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 20, 1977.


Attorney(s) appearing for the Case

John Ray Nicholson, Ernest De Pascale, Jr., Athens, Ga., for defendants-appellants.

J. Edward Allen, Athens, Ga., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


RONEY, Circuit Judge:

Plaintiff was refused a license to sell alcoholic beverages by the County Commissioners of Clarke County, Georgia, because plaintiff's property was not located in a district in which liquor sales are permitted by local ordinance. When plaintiff brought suit, the district court decided that the ordinance limiting liquor licenses to certain specified zones was so arbitrary and irrational as to violate the due process and equal protection clauses...

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