Show Church Beer Parlor Proximity Declared Up to Cities Towns Cities and towns can make their own definition of the thc term proximity as it refers to the prohibitory distance between churches and beer parlors Di District Judge Clarence E. E Baker S ruled Thursday The judge sustained a demurrer of the South Salt Lake board of trustees to an amended complaint of Thayne Acord doing business as Golden Goose 2340 South State street seeking to compel trustees to reissue a beer license which expired expired expired ex ex- ex- ex July 1 Cities and towns are vested with board authority with reference to sale of beer the sole reason assigned for denying this license is the laws law's provision that no license shall be issued in the proximity of ofa a church which in this case is i feet stated the ruling I It is fundamental that mandamus mandamus mandamus man man- damus will lie only to compel performance performance performance per per- of a clearly legal duty by an art officer board or tribunal the legislature has defined proximity proximity proximity by no mathematical rule but has left the matter of its determination determination determination nation to the elected representatives tives of people who compose cities and towns The he ruling allowed no time for forthe forthe I Ithe the plaintiff to amend the corn com plaint com j |