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eBook details

• Title: Bundo v. City Walled Lake
• Author : Supreme Court of Michigan
• Release Date : January 27, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Plaintiff, Benjamin Bundo, Jr., obtained a class C liquor license issued by the defendant Liquor Control Commission, along with an entertainment permit approved by defendant City of Walled Lake. The issuance of the local permit was conditioned on plaintiff's agreement not to have stripping or go-go dancing on the premises of his establishment. The city council requested that the Liquor Control Commission revoke plaintiff's license after he began to offer topless entertainment; this request was later changed to a recommendation to the commission that it refuse to renew the liquor license. Plaintiff was not notified of the council's intent to recommend non-renewal nor was he afforded a hearing on the matter. The recommendation had the effect under the Michigan Liquor Control Act of compelling the commission to refuse to renew plaintiff's license. The commission notified the plaintiff that his liquor license would not be renewed. Plaintiff initiated proceedings in the Oakland Circuit Court, Farrell E. Roberts, J., and obtained an order preventing both the city and the commission from taking further action to revoke or refuse to renew the liquor license and entertainment permit. Later, the circuit court granted the city's motion for summary judgment and vacated all restraining orders. The Court of Appeals, McGregor, P. J., and R. B. Burns and O'Hara, JJ., affirmed (Docket No. 18860). Plaintiff appeals. Held: 1. A licensee seeking a renewal of a liquor license under the Michigan Liquor Control Act has an interest in property such that he is entitled to due process protection.

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