Fisher

Fisher v. Board of Police Commissioners

Good Law
1965 Cal. App. LEXIS 824·236 Cal. App. 2d 298·45 Cal. Rptr. 859
Court of Appeal of CaliforniaAugust 3, 1965Civ. No. 28271California1,350 words

Opinion

Lead Opinion

Wood, J.

Samuel M. Fisher filed applications for renewal of permits to operate a secondhand jewelry business and a secondhand general business at 8125 West Third Street in Los Angeles. After a hearing, regarding allegations that he had been convicted of a felony which related to his business, the Board of Police Commissioners notified him that his applications were denied. Fisher then petitioned the superior court for a writ of mandate to compel respondents (the board and its members) to issue permits to him. The court found *299 that there had not been a denial of the applications by a majority vote of the members of the board as required by the city charter, and made an order remanding the matter to respondents for action consistent with the court’s findings. Fisher’s notice of appeal states that he appeals from the judgment.

Appellant contends that since there was not a determination, by a majority of the board members, denying his applications, the permits should have been renewed automatically; and that the court erred in remanding the matter to the board.

On June 12, 1962, Fisher was arrested for allegedly purchasing stolen jewelry at his place of business. He was charged with…

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