Munro

Board of Trustees v. Munro

Good Law
163 Cal. App. 2d 440·1958 Cal. App. LEXIS 1518·329 P.2d 765
Court of Appeal of CaliforniaSeptember 11, 1958Civ. 9372California2,641 words

Opinion

Opinion

Van Dyke, J.

This is an appeal from a judgment of the Superior Court for Yolo County, decreeing that a writ of mandate should issue against the appellant department and the appellant board, directing them to reverse their determination that a general off-sale liquor license should issue to Thomas P. Raley, the real party in interest. The basic question presented on this appeal is whether or not the Department of Alcoholic Beverage Control prejudicially abused its administrative discretion in granting the license.

The department made the following findings of fact: The proposed premises consist of a supermarket located in a neighborhood shopping center at the southeast corner of College Street and Granada Drive in the South Land Park area near the southerly outskirts of Woodland. The premises in question constitute one of a chain of eight Raley food markets, seven of which are located in Sacramento County, and all, or most of them, are licensed for off-sale general alcoholic beverages. There are presently no alcoholic beverage licenses in force in the vicinity of the premises. The applicant’s store building is situated in the southerly part of the shopping center, and there is an adjacent main…

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