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Dick v. City of Portales

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eBook details

  • Title: Dick v. City of Portales
  • Author : New Mexico Supreme Court
  • Release Date : January 29, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

FRANCHINI, Justice. We granted certiorari to the Court of Appeals upon petition of George and Susan Dick. The Dicks contend that the Court erroneously
upheld the district court's affirmance of an order by the Alcohol and Gaming Division denying transfer of a liquor license
to the Dicks from the Small Business Administration. The SBA had obtained the license in a judicial foreclosure. The Director
of the Division gave preliminary approval but ultimately denied the transfer based upon the Portales city council's refusal
to approve transfer of the license. The city council had based its refusal on what it deemed "moral grounds" after a public
hearing. Because we find that the city council's decision was not based upon substantial evidence and was therefore arbitrary
and capricious, we reverse the Court of Appeals and the district court and vacate the Division's order.


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