107 N.E.2d 127
No. 33103Supreme Court of Ohio.
Decided June 18, 1952.
Supreme Court — Dismissal — No debatable constitutional question involved — Intoxicating liquor — Department of Liquor Control — Renewal of D-5 permit denied — Premises within 500 feet of church — Prior permit issued prematurely without hearing on church’s objections — Church’s general objection to renewal — Claimed estoppel of church to assert objection — Statutory construction — Section 6064-16, General Code — Mandatory or directory — Appeal from Board of Liquor Control — Court empowered to review but not to substitute its judgment — Section 154-73, General Code — Delegation of legislative power — Retroactive laws — Sections 1 and 28, Article II, Constitution.
APPEAL from the Court of Appeals for Franklin county.
Mr. C. William O’Neill, attorney general, and Mr. Brown W. Pettit, for appellee.
Mr. Edwin M. Tuttle, Mr. Nelson Lancione and Mr. Joseph N. Bernabei, for appellant.
Page 129
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.