# Lawrence v. Gayle

> Supreme Court of Alabama · April 17, 1975 · 294 Ala. 91

URL: https://www.frixlaw.com/law-library/cases/9688658

## Case

- **Full name:** Arvil Jean LAWRENCE v. H. Jean GAYLE, as Mayor of the City of Warrior, Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** April 17, 1975
- **Citations:** 294 Ala. 91; 312 So. 2d 385; 1975 Ala. LEXIS 1150
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bloodworth
- **Judges:** Heflin, Faulkner, Shores, Embry, Merrill, Bloodworth, Maddox, Almon
- **Cited by:** 38 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/9688658

## Opinion text

BLOODWORTH, Justice
(concurring in part and dissenting in part.)
I concur in Justice Jones’ opinion for the majority as to his treatment of the issue of assignments of error.
I must respectfully dissent from the remainder of the opinion as I am of the opinion that no “justiciable controversy” existed between the parties for two reasons.
First, the letter from appellant’s attorney of June 28, 1973, seeking a business license to authorize the retail sale of beer was presented before an ABC license was granted appellant on August 30, 1973. Thus, at the time the letter request was made, the City had no authority to grant the license. It was therefore justified in denying the application, and the trial judge was correct in denying appellant relief.
Second, appellant made no further effort to apply for a license to sell beer after she had been denied a license by the City and after receiving her ABC license on August 30, 1973. Moreover, appellant did not comply with a city ordinance (passed August 6, 1973) requiring written application under oath to the city clerk: giving the names of applicants, location, type of business, criminal record, with a copy of the ABC license attached, etc. Appellant’s undisputed failure to comply with the requirements of the city ordinance governing the application justified the trial judge’s denial of relief. See U. S. A. Oil Corporation v. City of Lipscomb, 293 Ala. 103 , 300 So.2d 362 (1974, per Coleman, J.) and cases there cited upholding municipal ordinances containing similar provisions to those found in the ordinance in the instant case.
The rule of our cases is clear to effect that where no justiciable controversy exists, there is no jurisdiction to grant relief. Tit. 7, § 156, Code, and cases cited.
*99 It is thus that I would not reach the point decided by the majority — that the ordinance requiring a $5,000 annual license for the retail sale of beer is “invalid.” Although I might consider $5,000 to be a prohibitive sum for such license, neither the trial judge nor we reach this issue, in my j udgment.
I do not consider it is necessary that I state my opinion on the issue that the Attorney General was not served in view of the result I would reach.
MERRILL, MADDOX and ALMON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688658. Public record. Not legal advice.