Silverstein v. Board of Liquor Control

Court of Common Pleas of Ohio, Franklin County, Civil Division

Silverstein v. Board of Liquor Control

67 Ohio Law. Abs. 1

CourtCourt of Common Pleas of Ohio, Franklin County, Civil Division

DecidedMay 15, 1953

DocketNo. 186994

StatusPublished

This text of 67 Ohio Law. Abs. 1 (Silverstein v. Board of Liquor Control) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Franklin County, Civil Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Silverstein v. Board of Liquor Control, 67 Ohio Law. Abs. 1 (Ohio Super. Ct. 1953).

Pincite

Opinion

OPINION

By BARTLETT, J.

1. APPEAL DISMISSED. PERMIT HAVING EXPIRED, ITS TRANSFER BECAME MOOT.

2. UNTIL BOTH THE DIRECTOR AND THE BOARD OF LIQUOR CONTROL HAVE HAD OPPORTUNITY TO PASS ON AN APPLICATION FOR RENEWAL OF PERMIT, THIS COURT HAS NO JURISDICTION IN THE MATTER.

The permit (C-2 — Carry Out) having expired, its transfer became moot. No application for renewal having been filed forthwith under regulation No. 14, this Court has no jurisdiction or power to order a renewal of the permit. The matter of renewal is within the jurisdiction of the Director of Liquor Control. If his decision on an application for renewal is not satisfactory, then the applicant may appeal to the Board of Liquor Control and, if necessary, to this Court. Until both the Director and the Board have had an opportunity to pass on an application for renewal, this Court has no jurisdiction in the matter. See State ex rel. Jones v. Bryant, Director, 159 Oh St 59.

Apparently it is not necessary to pass on other questions. Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

By BARTLETT, J.

1. APPEAL DISMISSED. PERMIT HAVING EXPIRED, ITS TRANSFER BECAME MOOT.

2. UNTIL BOTH THE DIRECTOR AND THE BOARD OF LIQUOR CONTROL HAVE HAD OPPORTUNITY TO PASS ON AN APPLICATION FOR RENEWAL OF PERMIT, THIS COURT HAS NO JURISDICTION IN THE MATTER.

The permit (C-2 — Carry Out) having expired, its transfer became moot. No application for renewal having been filed forthwith under regulation No. 14, this Court has no jurisdiction or power to order a renewal of the permit. The matter of renewal is within the jurisdiction of the Director of Liquor Control. If his decision on an application for renewal is not satisfactory, then the applicant may appeal to the Board of Liquor Control and, if necessary, to this Court. Until both the Director and the Board have had an opportunity to pass on an application for renewal, this Court has no jurisdiction in the matter. See State ex rel. Jones v. Bryant, Director, 159 Oh St 59.

Apparently it is not necessary to pass on other questions. Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

67 Ohio Law. Abs. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverstein-v-board-of-liquor-control-ohctcomplfrankl-1953.