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ENSLEY SEAFOOD FIVE v. CITY OF BIRMINGHAM

2110331.

98 So.3d 1149 (2012)

ENSLEY SEAFOOD FIVE POINTS, LLC v. CITY OF BIRMINGHAM.

Court of Civil Appeals of Alabama.

June 8, 2012.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr. , of Ritchey & Ritchey, P.A., Birmingham, for appellant.

Nicole E. King , asst. city atty., and Fredric L. Fullerton , chief asst. city atty., Birmingham, for appellee.

THOMAS, Judge.

On February 9, 2011, Ensley Seafood Five Points, LLC ("Ensley Seafood"), filed a complaint seeking declaratory relief in the Jefferson Circuit Court against the City of Birmingham ("the City"). Ensley Seafood claimed that the decision of the Birmingham City Council ("the city council") denying its application for a license to sell beer and wine for off-premises consumption ("the license") was arbitrary or capricious and had violated its rights under...

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