Westwood v. Michigan Liquor Control Commission

Michigan Court of Appeals

Westwood v. Michigan Liquor Control Commission

192 N.W.2d 534, 35 Mich. App. 393, 1971 Mich. App. LEXIS 1474

CourtMichigan Court of Appeals

DecidedJuly 29, 1971

DocketDocket No. 10339

StatusPublished

Cited by1 cases

This text of 192 N.W.2d 534 (Westwood v. Michigan Liquor Control Commission) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Westwood v. Michigan Liquor Control Commission, 192 N.W.2d 534, 35 Mich. App. 393, 1971 Mich. App. LEXIS 1474 (Mich. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

The plaintiff has appealed from a judgment of the Circuit Court for the County of [394]*394Ingham affirming a decision of the Liquor Control Commission denying his application for a Class 0 liquor license. Plaintiff’s application was denied by the commission because plaintiff’s place of business was within 500 feet of a church. MCLA § 436.17a [Stat Ann 1957 Rev § 18.988(1)]. Subsequent to the decision of the commission, § 17a of the Liquor Control Act was amended and the commission now has discretionary power to issue a Class C liquor license to the plaintiff even though plaintiff’s place of business may be within 500 feet of a church. Therefore, it is ordered that the cause be remanded to the Liquor Control Commission for reconsideration in light of MCLA 1971 Cum Supp § 436.17a [Stat Ann 1971 Cum Supp § 18.988(1)] and MCLA 1971 Cum Supp § 436.19c(a) [Stat Ann 1971 Cum Supp § 18.990(3)(a)].

We express no opinion as to the constitutionality of § 17a. We do not retain jurisdiction.

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Per Curiam.

The plaintiff has appealed from a judgment of the Circuit Court for the County of [394]*394Ingham affirming a decision of the Liquor Control Commission denying his application for a Class 0 liquor license. Plaintiff’s application was denied by the commission because plaintiff’s place of business was within 500 feet of a church. MCLA § 436.17a [Stat Ann 1957 Rev § 18.988(1)]. Subsequent to the decision of the commission, § 17a of the Liquor Control Act was amended and the commission now has discretionary power to issue a Class C liquor license to the plaintiff even though plaintiff’s place of business may be within 500 feet of a church. Therefore, it is ordered that the cause be remanded to the Liquor Control Commission for reconsideration in light of MCLA 1971 Cum Supp § 436.17a [Stat Ann 1971 Cum Supp § 18.988(1)] and MCLA 1971 Cum Supp § 436.19c(a) [Stat Ann 1971 Cum Supp § 18.990(3)(a)].

We express no opinion as to the constitutionality of § 17a. We do not retain jurisdiction.

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Bluebook (online)

192 N.W.2d 534, 35 Mich. App. 393, 1971 Mich. App. LEXIS 1474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westwood-v-michigan-liquor-control-commission-michctapp-1971.

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