# Weintraub v. Board of Liquor Control

> Court of Common Pleas of Ohio, Franklin County, Civil Division · August 3, 1953 · 68 Ohio Law. Abs. 350

URL: https://www.frixlaw.com/law-library/cases/9311314

## Case

- **Full name:** WEINTRAUB et v. BOARD OF LIQUOR CONTROL et
- **Court:** Court of Common Pleas of Ohio, Franklin County, Civil Division
- **Decided:** August 3, 1953
- **Citations:** 68 Ohio Law. Abs. 350; 122 N.E.2d 511; 1953 Ohio Misc. LEXIS 345
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bartlett
- **Judges:** Bartlett
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9311314

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9311314. Public record. Not legal advice.