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WAYMIRE v. AHERN

No. 20176.

380 P.2d 239 (1963)

Ted WAYMIRE, William Eppinger, and Del Cimyott, Individually and as the Board of County Commissioners for Adams County, Colorado, Plaintiffs in Error, v. Timothy J. AHERN, Defendant in Error.

Supreme Court of Colorado. In Department.

April 1, 1963.

Attorney(s) appearing for the Case

William Pehr, Westminster, for plaintiff in error.

Eugene Zelinger, A. E. Small, Jr., Derby, for defendant in error.

McWILLIAMS, Justice.

Timothy Ahern made application to the Board of County Commissioners of Adams County for a license to sell malt, vinous and spiritous liquors containing more than 3.2% of alcohol by weight at retail in sealed containers and not to be consumed on the premises, all pursuant to the provisions of C.R.S. '53, 75-2. After full hearing the Board denied Ahern's application, and as reason therefor found "that the area is adequately served by other existing...

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