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SUN RAY DRIVE-IN DAIRY v. OR. LIQ. CON. COM'N

517 P.2d 289 (1973)

SUN RAY DRIVE-IN DAIRY, Inc., Petitioner, v. OREGON LIQUOR CONTROL COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided December 24, 1973.

Attorney(s) appearing for the Case

D.S. Denning, Jr., Vale, argued the cause for petitioner. With him on the brief were Schroeder, Denning & Hutchens, Vale.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

TANZER, Judge.

Petitioner appeals from an order of the Oregon Liquor Control Commission denying its application for a Class B Package Store liquor license1 for its store in Ontario, Oregon. The commission based its refusal on ORS 471.295(1)2 which provides that the commission may refuse to license an applicant if it has reasonable ground to believe that there are "sufficient licensed premises in the locality...

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