Western Los Angeles Citizens' Committee on Liquor Licenses v. State Board of Equalization

Defendants Louis L. Lasher and the Board of Equalization appeal from a judgment ordering the board to vacate and set aside its order granting a general "on sale" liquor license to Lasher for premises located at 1776 Westwood Boulevard, Los Angeles, and to enter a new order denying the license. The superior court granted a peremptory writ of mandate on the ground that Lasher's premises are within 1 1/2 miles of "a building actually occupied as a home, retreat or asylum" for veterans, which would render any sale of intoxicating liquor on the premises a violation of Penal Code section 172(1). In our former opinion we affirmed the judgment which directed the board to deny Lasher's application. We assumed there was no substantial conflict in the evidence before the board as to the distance between the two buildings. There was a conflict, although plaintiff argued that evidence given by officers of the board with respect to a measurement they made, showing the distance to be more than 1 1/2 miles, was so uncertain and unreliable as to have no force or value. We granted a rehearing for the reason that there was inherent in our former opinion a decision of a controlling…

Defendants Louis L. Lasher and the Board of Equalization appeal from a judgment ordering the board to vacate and set aside its order granting a general “on sale” liquor license to Lasher for premises located at 1776 West-wood Boulevard, Los Angeles, and to enter a new order denying the license. The superior court granted a peremptory writ of mandate on the ground that Lasher’s premises are within 1% miles of “ a building actually occupied as a home, retreat or asylum” for veterans, which would render any sale of intoxicating liquor on the premises a violation of Penal Code section 172(1). In our former opinion we af *845 firmed-the judgment which directed the board to deny Lasher’s application. • We assumed there was no substantial conflict in the evidence before the board as to the distance between the two buildings. There was a conflict, although plaintiff argued that evidence given by officers of the board with respect to a measurement they made, showing the distance to be more than 1% miles, was so uncertain and unreliable as to have no force or value. We granted a rehearing for the reason that there was inherent in our former opinion a decision of a controlling question of…

I concur in the part of the opinion wherein it is held that the measurement should be to the south entrance, and that the order of the board should be annulled. I cannot agree, however, that there was a substantial conflict in the evidence as to whether the south entrance was less *851 than iy2 miles from Lasher’s place of business. The matter was submitted to the trial court and to this court (at the first hearing) upon the basis that it was uncontroverted that the distance to the south entrance was less than 1 y2 miles and that the distance to the main entrance was more than 1% miles. The trial court found that there was uncontroverted evidence that Lasher’s place was within 1% miles of building 215. In my opinion the evidence supports that finding. The principal question for the trial court and this court (at the first hearing) was whether the measurement should be made to the south entrance or the main entrance. The trial court and this court held that the measurement should be to the south entrance. It was only after these rulings, unfavorable to the board, had been made that the board raised the question as to conflicting evidence—asserting in effect that when it decided the…