Board of Trustees of the Leland Stanford Junior University v. State Board of Equalization

Over the protest of petitioner, respondent State Board of Equalization has granted a license to the California Avenue Pharmacy at Palo Alto to sell intoxicating liquors. Petitioner contends that such action is illegal and the license void because issued in direct violation of the provisions of section 172a of the Penal Code, which prohibits the sale of intoxicating liquor within one and one-half miles of the grounds or campus of Stanford University. Petitioner is here seeking a writ of review of the action of the respondent board, and that the order granting and issuing the license be set aside and annulled as being beyond the jurisdiction of the board.

It is stipulated by the parties, in lieu of a return by respondents to the order to show cause issued herein, that “the principal grounds or campus of said university were and are located in Santa Clara county, California, and that the principal educational buildings and the principal administrative offices of said university, and all of its student dormitories were and are situated thereon, and its principal educational activities were and are there conducted, and more than 500 of its students then and now reside or lodge…