Altadena Community Church v. State Board of Equalization

This case comes before us by reason of an appeal by the State Board of Equalization from a judgment of the superior court directing the issuance of a peremptory writ of mandate ordering that board to deny a "petition of the respondent [therein], Venetian Dining Room & Gardens, Inc., a corporation, for an on sale general liquor license filed in 1950 for the premises described as 2556 North Lake Avenue, Altadena. . . ." The court declared that the granting of the 1950 application of the corporation by the board was an abuse of discretion because of the proximity of three churches and a youth center to the premises in question, and also that the decision of the board in 1948 in denying a similar application was res judicata. The matter came before the lower court upon a petition by the respondent churches for a writ of mandate. It was heard upon the records and files of the appellant board. No other evidence was introduced before the court.