KIRBY v. ALCOHOLIC BEV. ETC. APPEALS BD.

Docket No. L.A. 29932.

7 Cal.3d 433 (1972)

498 P.2d 1105

102 Cal. Rptr. 857

EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; HARRY E. SCHAEFFER, Real Party in Interest.

Supreme Court of California. In Bank.

July 7, 1972.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Marilyn Mayer Moffett, Deputy Attorney General, for Petitioner.

Leo K. Gallant for Respondent.

Jack A. Otero for Real Party in Interest.


OPINION

BURKE, J.

In this case we are asked to review a decision of the Alcoholic Beverage Control Appeals Board (Board) which reversed a decision of the Department of Alcoholic Beverage Control (Department) denying a petition for an off-sale beer and wine license. Since it appears that the Department's decision was supported by substantial evidence and was within its powers, we have concluded...

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