Harper Enterprises vs. City of Bean Station

Case Number
E2002-01734-COA-R3-CV
The City of Bean Station ("the City") denied the application of the plaintiff ("the applicant") for a permit to sell beer for off-premises consumption. The applicant filed a petition for certiorari, naming the City and seeking a writ of mandamus to compel it to issue the requested permit. On cross motions for summary judgment, the trial court granted the City summary judgment. The applicant appeals. It contends that the City, "by actions and/or inaction," has caused its beer ordinance, which limits beer permits within the municipality to two, to be invalid. In the alternative, it contends that the City "has engaged in discriminatory, arbitrary and capricious application of the ordinance." We vacate the trial court's judgment and remand for further proceedings.
Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Richard R. Vance
Case Name
Harper Enterprises vs. City of Bean Station
Date Filed
Dissent or Concur
No
Download PDF Version
Harprent.pdf27.95 KB