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VAN RIPPER v. LIQUOR CONT. COM.

228 Or. 581 (1961)

365 P.2d 109

VAN RIPPER v. OREGON LIQUOR CONTROL COMMISSION

Supreme Court of Oregon.

Reversed September 20, 1961.

Petition for rehearing denied October 31, 1961.

Attorney(s) appearing for the Case

Francis T. Wade, Assistant Attorney General, Portland, argued the cause for appellants. With him on the brief was Robert Y. Thornton, Attorney General of Oregon, Salem.

James M. Burns, Portland, argued the cause for respondent. With him on the brief was Harold L. Davidson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant, Oregon Liquor Control Commission (ORS 471.705), from a decree of the circuit court which ruled that (1) a regulation adopted by the commission May 10, 1960, known as Regulation 17, was "void and without effect"; (2) action taken by the commission October 12, 1960, which cancelled the plaintiff's dispenser's license (Class "B") for his violation of Regulation 17 was unauthorized and (3) the commission...

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