BCG Operations, LLCv.Town of Homer
BCG built a golf clubhouse after town representatives assured it that liquor licenses were available, but in 2020 the clerk refused its distilled-spirits license application on the town attorney’s advice; the Town granted beer-and-wine licenses. A court later ordered the Town by mandamus to process and grant the liquor license. BCG sought partial summary judgment for damages arising from the refusal, while the Town cross-appealed the mandamus order. The Court of Appeals of Georgia affirmed denial of BCG’s motion and dismissed the Town’s appeal as moot. The court held that BCG could not obtain damages for the same circumstances after securing mandamus relief: mandamus is available only when no other adequate legal remedy exists, so awarding both would impermissibly stack remedies. It also upheld the trial court’s reliance on the statute governing private-right mandamus; the liquor license was a private right. The Town’s cross-appeal was moot because the court-ordered license had expired and reversal could no longer benefit the Town. The mandamus relief remained in place, but BCG did not win its damages motion.
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