Supreme Court of Rhode Island, 1896

Rhode Island Perkins Horse Shoe Co. v. Board of License Commissioners

Rhode Island Perkins Horse Shoe Co. v. Board of License Commissioners
Supreme Court of Rhode Island · Decided November 21, 1896 · PER CURIAM.
36 A. 2; 19 R.I. 643; 1896 R.I. LEXIS 70

Rhode Island Perkins Horse Shoe Co. v. Board of License Commissioners

Opinion of the Court

Per Curiam.

It is conceded that the owners and occupants of the greater part of the land within two hundred feet of the premises for which the license was asked to sell intoxicating liquors, to run from the year beginning May 1, 1896, filed their remonstrance with the license commissioners of the town of Cumberland. Although this remonstrance was filed April 29th, it clearly related to a license to he operative during the year following May 1st. The petition for such license having been withdrawn, the remonstrance remaining on file, and the petition having been .renewed on May 8th, the license commissioners were notified *644 by the remonstrants that they had not withdrawn their remonstrance. The court is of the opinion that the remonstrance is to be treated as applicable to the second petition, and that the license commissioners had no power to grant the license.

Stephen O. Edwards <& Walter F. Angelí, for petitioners. Joseph Osfteld, Jr., & John W. Hogan, for respondents.

An order to quash may be entered.

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