Macarthur v. Martelli

Martelli made application to Manager of Safety and Excise MacArthur, as licensing authority, for permission to transfer his hotel and restaurant liquor license from 3015 East Colfax Avenue to 3018 East Colfax Avenue, Denver. Hearing on the application was held before the Manager, whereat witnesses were heard and petitions and letters received, both for and against granting the application. Thereafter the Manager denied the application, advising Martelli that: "After a full study of all the evidence adduced at said hearing in addition to a study of the petitions, it is my opinion that the application should be and is hereby denied." Thereupon Martelli filed his complaint in the nature of certiorari in the district court, alleging that the Managers denial of the application was an abuse of his discretion, capricious and arbitrary. Upon review, the court entered findings that the Managers denial of the application was without good cause, in abuse of discretion, capricious and arbitrary, and gave judgment ordering the issuance of a permit for change of applicants license location, as prayed for. Said judgment is before us for review.