Marquette Sav. & Loan Ass'n v. Village of Twin Lakes
| Decision Date | 27 February 1968 |
| Citation | 38 Wis.2d 310,156 N.W.2d 425 |
| Parties | MARQUETTE SAVINGS & LOAN ASSN., a body corporate, Appellant, v. VILLAGE OF TWIN LAKES, a municipal corporation, Respondent. |
| Court | Wisconsin Supreme Court |
Morrissy, Morrissy, Sweet & Stowe, Elkhorn, for appellant.
Hammond & Tennessen, Kenosha, for respondent.
The plaintiff urges us to recognize a property and contract right between the licensee and a third party as paramount to the well-established 'privilage' concept that exists between the licensee and the issuing authority. The adoption of such rationale would permit the licensee and a third party to enter into a contract which would negate the discretionary authority of the licensing board in granting and reviewing such licenses. This would be against public policy.
This court has previously held that an agreement between a lessor and the licensee as to a liquor license cannot affect the jurisdiction conferred upon the city council by statute to act upon license transfers. Smith v. City of Whitewater (1947), 251 Wis. 306, 311, 29 N.W.2d 33; Smith v. City of Whitewater (1947), 251 Wis. 313, 29 N.W.2d 37.
The right to hold a liquor license is a privilege that inures to the benefit of the licensee as determined by the exercise of the discretionary authority vested in a licensing board. See State v. Bayne (1898), 100 Wis. 35, 38, 75 N.W. 403. This proposition is advanced in 9 McQuillin, Municipal Corporations, 3rd ed., pp. 508--510, sec. 26.195:
's 26.195.--As right or privilege.
We see nothing inherently arbitrary and...
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...41, 63 A.2d 673 (1949). See also Thacher Hotel, Inc. v. Economos, 160 Me. 22, 25, 197 A.2d 59 (1964); Marquette Sav. & Loan Assn. v. Twin Lakes, 38 Wis.2d 310, 315, 156 N.W.2d 425 (1968). But see Denning v. Taber, 70 Cal.App.2d 253, 260, 160 P.2d 900 (1945); Greene v. Brooks, 235 Cal.App.2d......
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...After reviewing the parties' briefs on the issue, the circuit court issued an oral ruling. Citing Marquette Savings & Loan Assn. v. Village of Twin Lakes, 38 Wis.2d 310, 156 N.W.2d 425 (1968), the circuit court stated that “when a circuit court has the authority to review the action of a bo......
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State v. Goulette, S
...subject to review by certiorari. This court has never so restricted the availability of the writ. See Marquette Savings & Loan Asso. v. Twin Lakes (1968), 38 Wis.2d 310, 156 N.W.2d 425. We held there that a common-law writ of certiorari was proper to review the purely discretionary refusal ......
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...of local governments. E.g., State v. Bayne, 100 Wis. 35, 38, 75 N.W. 403, 404 (1898); Marquette Savings & Loan Ass'n v. Village of Twin Lakes, 38 Wis.2d 310, 315, 156 N.W.2d 425, 427-28 (1968); State ex rel. Ruffalo v. City of Kenosha, 38 Wis.2d 518, 157 N.W.2d 568, 572 (1968). Because ther......