attractions between four and fifteen miles considered
How later courts described this case
- attractions between four and fifteen miles considered
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Me. Justice Cohen:
The incompetence of courts in licensing matters under the Brooks-High Licensing Law was one of the contributing factors which lead to the enactment of the prohibition amendment.
After the repeal of the prohibition amendment, in an effort to exclude the courts from the licensing role that had been assigned to them under the Brooks-High Licensing Law, the Liquor Code provided for a system of complete regulation and assigned to the courts only appellate review. The code as enacted contained provisions which limited the number of retail licenses to be issued in each municipality but provided, “The board shall have the power to increase the number of licenses *376 in any such municipality which in the opinion of the board is located within a resort area.” (Emphasis supplied)
Even though the legislature has given the Board complete discretion in the exercise of its power to make its own determination of what is or what is not a resort area, the court now injects itself into the licensing function and disregards the Board’s opinion as to what is a resort area.
The majority’s misconception of the power of the Board and its definition of a resort area demonstrate the court’s lack of competence in licensing matters and is so damaging to the orderly grant of licenses for the sale of liquor at retail that the legislature should immediately enact remedial legislation.
Mr. Justice Benjamin R. Jones joins in this dissenting opinion.