Citations
- 220 S.W.2d 502
Full opinion text
PRICE, Chief Justice.
This is an appeal from an order of the District Judge of El Paso County, 34th Judicial District. The order appealed from set aside an order of the County Judge of El Paso County denying the application of Deleyto Saiz for a retail wine and beer dealer’s license. ' In the -appeal from the order of the County Judge, the County Judge and Texas Liquor Control Board were named as respondents. The Texas Liquor Control Board will be hereinafter referred to as “appellant,” and the applicant Deleyto Saiz, as “appellee-”
Appellee filed his application with the County Judge for a retail wine and beer dealer’s license. The place designated in the application was No. 4512 Alameda Avenue in the City of El Paso, Texas. This application was in due form and at the location for which the license was sought, under the ordinance of the city of El Paso it was permissible to conduct such business, provided same was duly licensed by the State. Due and legal notice was given of the application. Before the hearing was held a petition signed by numerous residents in the neighborhood where the license was sought was filed with the County Judge against the issuance of the license. The following paragraph of said protest recites the substance thereof:
“We believe that it is to the best interests of the people living in this neighborhood that such a request for license be refused as it would be detrimental to the health, morals, peace and safety of the people living in this area. We. believe that this tavern would be much too close to the Burleson School and t'he proposed Burleson High School which is now under construction. We firmly believe that it will cause a •great amount of noise and strife in our neighborhood and would disturb our peace •of mind and greatly decrease the value of