Hornsby v. Allen

326 F.2d 605 (1964)

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Hornsby v. Allen

United States Court of Appeals for the Fifth Circuit
326 F.2d 605 (1964)

  • Written by Jack Newell, JD

Facts

Lola Hornsby (plaintiff) applied for a liquor license from the city of Atlanta and was denied despite meeting all the criteria for issuance. Hornsby was provided with no reason for the rejection of her application. Hornsby sued the mayor, the city clerk, and the aldermen (collectively, the city) (defendants) in federal district court for violation of her due-process and equal-protection rights on the ground that the decision was arbitrary and capricious. The city claimed that more applications were submitted than it could grant. The district court rejected Hornsby’s claim, finding that the city’s decision was legislative rather than adjudicative. Hornsby appealed to the Fifth Circuit.

Rule of Law

Issue

Holding and Reasoning (Tuttle, C.J.)

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