Pupa v. Thompson
Decision Date | 15 August 1975 |
Docket Number | No. 74-2505,74-2505 |
Citation | 517 F.2d 693 |
Parties | Benjamin PUPA, Plaintiff-Appellee, v. Ronnie THOMPSON, Mayor of the City of Macon, et al., Defendants-Appellants. |
Court | U.S. Court of Appeals — Fifth Circuit |
Manley F. Brown, H. T. O'Neal, Jr., Lamar W. Sizemore, Jr., Macon, Ga., for defendants-appellants.
Carl J. Wilson, Jr., Macon, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Georgia.
Before COLEMAN, MORGAN and CLARK, Circuit Judges.
On January 24, 1973, this Court decided Block v. Thompson, 5 Cir., 1973, 472 F.2d 587. We there held that an Ordinance of the City of Macon, Georgia, dealing with the transfer of liquor licenses from one place to another fell short of the standards required by Hornsby v. Allen, 5 Cir., 1964, 326 F.2d 605.
The Block opinion concluded as follows:
The record in the instant case fails to show that the District Court set a deadline for the enactment of a new ordinance nor was there any policing of "good faith" compliance as set forth in Block. 1
In October, 1973, Pupa petitioned the Mayor and Council of Macon to allow him to transfer his liquor license from downtown Macon to Napier Avenue. On October 30, the petition was denied because of objections from residents of the neighborhood. On March 16, 1974, the petition for transfer to a nearby location was approved by a 9 to 5 vote of the Council. The Mayor announced his intention to veto the approval but did not, in fact, veto it because the court below took action before the veto could be entered. Dohn, a Councilman, was not present on March 16 but he announced that had he been present he would have voted against approving the transfer.
On April 16, 1974, the Court mandatorily enjoined the Mayor and Councilmen to issue the desired transfer not later than 5 o'clock of that day. This order was promptly complied with.
On April 26, the Court considered the matter of allowing attorney fees to Pupa. It allowed one-half of a $500 fee against the Councilmen who had voted against the transfer in October. The other...
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Perkins State Bank v. Connolly
...421 U.S. 240, 258-59 (, 95 S.Ct. 1612, 1622, 44 L.Ed.2d 141) (1975); Carter v. Noble, 526 F.2d 677 (5th Cir. 1976); Pupa v. Thompson, 517 F.2d 693 (5th Cir. 1975); Fairley v. Patterson, 493 F.2d 598 (5th Cir. 1974); 6 Moore's Federal Practice P 54.77(2), at 1709 (2d ed. Unpublished Memorand......
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Schiff v. Williams, 74-2205
...can bring the court's action within any traditional exception permitted by Alyeska. It therefore must be vacated. See Pupa v. Thompson, 517 F.2d 693 (5th Cir. 1975). The awards of nominal compensatory damages and back pay are affirmed. The award of attorneys' fees is Affirmed in part and re......