Opinion

Mullins v. Board of Liquor Control

  • 73 Ohio Law. Abs. 577
  • 139 N.E.2d 870
Court
Ohio Court of Appeals
Filed
Sep 24, 1954
Status
Published
On the bench
Hornbeck, Miller, Wiseman
Cited by
1 cases
Authority
More cited than 58.2%

The opinion

OPINION

By THE COURT.

This is a law appeal from the judgment of the Common Pleas Court reversing an order of the Board of Liquor Control affirming that of the Department denying the applicant, Luther J. Mullins, a D-2 liquor permit. The question presented is whether, upon objection of the authorities in control of a library within 500 feet of the permit premises, to wit, 50 feet from the nearest point, and a showing that a large number of children use the library and would be required to pass the premises, the order is supported by “substantial, reliable and probative evidence.” (Sec. 154-73 GC.) This question has been answered by this Court in the affirmative upon very similar facts on three different occasions, in the unreported cases of Kroger Co. v. Board of Liquor Control, No. 4921, Godic v. Board of Liquor Control, No. 4897, and Hermelin v. Board of Liquor Control, No. 4893. (OA 73 Abs 397 .) These cases were decided on June 3, 1953, and after the effective date of §154-73 GC. Hence, there has been no change in the degree of proof required by statute. We adhere to the legal principles pronounced in the cited cases and reasons therefor, and hold that the order is supported by evidence that is substantial, reliable and probative.

The judgment will be reversed and the order of the Board affirmed.

WISEMAN, PJ, MILLER and HORNBECK, JJ, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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