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CITY OF HOMERVILLE v. TOUCHTON

No. S07A0836.

647 S.E.2d 50 (2007)

CITY of HOMERVILLE et al. v. TOUCHTON.

Supreme Court of Georgia.

June 25, 2007.

Attorney(s) appearing for the Case

Sutton & Associates, P.C., Berrien L. Sutton, Homerville, Savage, Turner, Pinson & Karsman, Brent J. Savage, Savannah, for appellant.

James Gostin Tunison, Jr., Valdosta, for appellee.

Susan Janan Moore, Ted Christopher Baggett, Atlanta, amicus curiae.

CARLEY, Justice.

Roger Touchton, d/b/a Hoagies, applied to the City of Homerville (City) for a beer and wine license, which the City Council denied. Touchton then brought suit, seeking mandamus to compel issuance of the license. His original complaint named the City as the only defendant. In May 2006, while the mandamus action was pending, the City Council revoked the existing alcohol ordinance, which had been in effect since 1978, and adopted a replacement. The City...

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