Summary
In Westwood, the plaintiff's application for a Class C license was denied by the Commissioner because the plaintiff's place of business was within 500 feet of a church.
Summary of this case from Carter Metropolitan Christian Methodist Episcopal Church v. Liquor Control CommissionOpinion
Docket No. 10339.
Decided July 29, 1971.
Appeal from Ingham, Marvin J. Salmon, J. Submitted Division 2 June 8, 1971, at Lansing. (Docket No. 10339.) Decided July 29, 1971.
Appeal to the circuit court by Harry T. Westwood from a decision of the Liquor Control Commission denying his application for a Class C liquor license. Log Jam, Inc., was allowed to intervene as a defendant. Summary judgment for defendant. Plaintiff appeals. Remanded to the Liquor Control Commission for reconsideration.
Vlachos Carey and Bucknell, Gergely Foley, for plaintiff.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Franklin J. Rauner and Thomas R. Wheeker, Assistant Attorneys General, for defendant Liquor Control Commission.
The plaintiff has appealed from a judgment of the Circuit Court for the County of Ingham affirming a decision of the Liquor Control Commission denying his application for a Class C liquor license. Plaintiff's application was denied by the commission because plaintiff's place of business was within 500 feet of a church. MCLA § 436.17a [Stat Ann 1957 Rev § 18.988(1)]. Subsequent to the decision of the commission, § 17a of the Liquor Control Act was amended and the commission now has discretionary power to issue a Class C liquor license to the plaintiff even though plaintiff's place of business may be within 500 feet of a church. Therefore, it is ordered that the cause be remanded to the Liquor Control Commission for reconsideration in light of MCLA 1971 Cum Supp § 436.17a [Stat Ann 1971 Cum Supp § 18.988(1)] and MCLA 1971 Cum Supp § 436.19c(a) [Stat Ann 1971 Cum Supp § 18.990(3)(a)].
We express no opinion as to the constitutionality of § 17a. We do not retain jurisdiction.