Strickland v. Knight

Citations

• 47 Fla. 327

Syllabus

<p>1. When the board of county commissioners grants a permit for the sale of intoxicating liquors, wines or beer in an election district where such sale would be unlawful, the permit is inoperative, and a license issued thereon by the tax collector is void, and sales under the permit and license are violations of the criminal laws of the State.</p> <p>2. An injunction restraining the board of county commissioners from illegally granting a permit for the sale of liquors, wines and beers in a precinct or election district where, under the local option laws of the State, such sale is unlawful, is properly dissolved when no ground of equitable jurisdiction is shown in the bill.</p> <p>3. If the illegal sale of intoxicating liquors, wines or beer may under any circumstances become a public nuisance, the illegal granting by the board of county commissioners of a permit for such sale can not be restrained by injunction at the suit of individuals in the absence of a showing of special or particular injury to such individuals that is not common to the public in the same locality.</p> <p>4. Allegations that the . complainants are citizens, residents, tax payers and qualified electors of a peaceful, prosperous and progressive incorporated town, that the introduction of a saloon for the sale of liquors, wines and beers therein would be a serious detriment to the morals of the community, would interfere with the peace and prosperity thereof, and would necessitate the increase of taxation to maintain a larger police force, and that the moral and financial injury that the complainants and the community at large would thereby sustain would be of a serious and irreparable nature, without a showing of special or particular injury to the complainants not common to the public in that community, or other ground for equitable intervention, do not give the complainants a right to an injunction to restrain the granting by the board of county commissioners of a permit for the sale of intoxi