Harris

Appeal from judgment of the Superior Court of Los Angeles County denying peremptory writ of mandate, seeking to have set aside a decision of the Alcoholic Beverage Control Appeals Board.

For brevity, the petitioner and appellant will be referred to herein as the “Department,” and the defendant and re spondent will be referred to herein as the “Appeals Board.”

The Department filed in the court below a petition for writ of mandate seeking to have set aside a decision of the Appeals Board. The Appeals Board decision had reversed an order of the Department overruling a protest against the transfer of a liquor license and granting such transfer. After hearing duly held, the court rendered judgment in which it discharged the alternative writ of mandate theretofore issued, and denied the peremptory writ sought by the Department.

The background of the litigation discloses that on April 26, 1962, Hartfield Stores, a corporation, filed an application with the Department for transfer of a retail off-sale general liquor license to premises located at 10201 Reseda Boulevard in Northridge, California. This proposed transfer was protested by Robert J. Consoli and Robert J. Wilson on the…