Opinion

Weintraub v. Board of Liquor Control

  • 68 Ohio Law. Abs. 350
  • 122 N.E.2d 511
  • 1953 Ohio Misc. LEXIS 345
Court
Court of Common Pleas of Ohio, Franklin County, Civil Division
Filed
Aug 3, 1953
Status
Published
Author
Bartlett
On the bench
Bartlett
Cited by
0 cases
Authority
More cited than 21.6%

The opinion

*351 OPINION

By BARTLETT, J.

MOTION FOR REHEARING DENIED.

No oral argument will be permitted on application for rehearing. Hughes v. Roberts, 18 Abs 438, 439 . Sole office of such application is to direct court’s attention to matters of fact or law that have not been given attention; not to merely rehash same matters. White v. Columbus, et al., 27 Abs 487 . 496.

As pointed out in previous opinion, this Court is not required to weigh the evidence.

It is now suggested by counsel for appellant that even though appellant’s present operation is contrary to the statute, that instead of denying the application for renewal it should be allowed upon condition that appellant take reasonable steps to separate the drug and restaurant business. These are matters to be addressed to the Department of Liquor Control rather than the courts.

“In effectuating the enforcement of the Liquor Control Act the Legislature, as we say in Board of Liquor Control v, Tancer, 48 Abs 63 , has by §6064-8 GC reposed in the Board of Liquor Control the power to grant or refuse permits as long as it does so in accordance with the statute and other applicable laws .its decision is final and conclusive.”

Department of Liquor Control v. Slaughter, Court of Appeals case, 2nd District, No. 4917.

Application for rehearing denied.

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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