Charlie Moon v. City of Athens

Fifth Circuit

Charlie Moon v. City of Athens

374 F.2d 887, 1967 U.S. App. LEXIS 7026

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 22, 1967

Docket23624

StatusPublished

Cited by4 cases

This text of 374 F.2d 887 (Charlie Moon v. City of Athens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charlie Moon v. City of Athens, 374 F.2d 887, 1967 U.S. App. LEXIS 7026 (5th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from the judgment of the District Court denying the appellant relief in a suit attacking the refusal of of the City of Athens to grant to him a beer and wine license. Appellant contends that under the teachings of this Court’s decision in Hornsby v. Allen, 5 Cir., 326 F.2d 605, he was deprived of his constitutional rights by reason of the failure of the City of Athens to establish reasonably ascertainable standards for its application of the z’ight granted it by the Georgia Laws to license beer and wine sellers. However, we do not reach the merits of the case because it appears that the licensing procedures of the City of Athens are for one year at a time. The license sought was for the year 1965. In view of the fact that the year has long since ended and in view of the fact that the City has adopted a new ordinance respecting the granting of such licenses applicable to all years beginning January 1, 1966, we are constrained to hold that this appeal is moot. See Stover v. City Council of Fairburn, et al, 220 Ga. 670, 141 S.E.2d 399.

The appeal is dismissed for mootness.

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PER CURIAM:

This is an appeal from the judgment of the District Court denying the appellant relief in a suit attacking the refusal of of the City of Athens to grant to him a beer and wine license. Appellant contends that under the teachings of this Court’s decision in Hornsby v. Allen, 5 Cir., 326 F.2d 605, he was deprived of his constitutional rights by reason of the failure of the City of Athens to establish reasonably ascertainable standards for its application of the z’ight granted it by the Georgia Laws to license beer and wine sellers. However, we do not reach the merits of the case because it appears that the licensing procedures of the City of Athens are for one year at a time. The license sought was for the year 1965. In view of the fact that the year has long since ended and in view of the fact that the City has adopted a new ordinance respecting the granting of such licenses applicable to all years beginning January 1, 1966, we are constrained to hold that this appeal is moot. See Stover v. City Council of Fairburn, et al, 220 Ga. 670, 141 S.E.2d 399.

The appeal is dismissed for mootness.

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Bluebook (online)

374 F.2d 887, 1967 U.S. App. LEXIS 7026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlie-moon-v-city-of-athens-ca5-1967.

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