Rozier v. Mayor and Alderman of the City of Savannah

The Court affirmed the dismissal of the plaintiff's suit against the city concerning the denial of an application for a liquor license as the plaintiff's sole remedy was through a writ of certiorari

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Ben Rozier d/b/a D.I. Grille “Rozier” appeals the trial court’s order dismissing his lawsuit against the Mayor and Alderman of the City of Savannah the “City Council” or the “City”. Rozier’s lawsuit was based on the City Council’s revocation and denial of an alcoholic beverage license held by Rozier. Because Rozier failed to properly seek review of the City Council’s adverse decisions regarding his alcoholic beverage license, we affirm the trial court’s dismissal of his lawsuit. “When reviewing the grant of a motion to dismiss for failure to state a claim, we review the dismissal de novo, construing the complaint’s allegations and all possible inferences therefrom in favor of the plaintiff.” Daly v. Mueller , 279 Ga. App. 168, 168 630 SE2d 799 2006. We sustain the dismissal if the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in the complaint and if the movant establishes that the plaintiff could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. Id.

The record shows that Rozier owned and operated a restaurant and bar that served liquor pursuant to an alcoholic beverages license “liquor license” previously issued by the City. Following the occurrence of two separate incidents involving gunfire, both of which occurred on or adjacent to Rozier’s premises, the City proposed to revoke Rozier’s liquor license. The City Council conducted a hearing on the matter in November 2009. After hearing testimony from both Rozier and the City Attorney, the City Council decided to revoke Rozier’s liquor license pursuant to the City of Savannah’s Alcoholic Beverage Ordinance, § 6-1208 a3, which authorizes the revocation of an alcoholic beverage license where “the operation of the licensee’s business is in such a manner as to constitute a threat to public safety . . . .”

Rozier v. Mayor and Alderman of the City of Savannah

The Court affirmed the dismissal of the plaintiff's suit against the city concerning the denial of an application for a liquor license as the plaintiff's sole remedy was through a writ of certiorari

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