BURGER BREWING CO. v. THOMAS

Nos. 74-477 and 74-492.

42 Ohio St. 2d 377 (1975)

THE BURGER BREWING CO. ET AL., APPELLEES, v. THOMAS ET AL.; WHOLESALE BEER ASSOCIATION OF OHIO, APPELLANT. THE BURGER BREWING CO. ET AL., APPELLEES, v. THOMAS ET AL.; LIQUOR CONTROL COMMISSION, APPELLANT.

Supreme Court of Ohio.

Decided June 4, 1975.


Attorney(s) appearing for the Case

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey, Mr. R. Brooke Alloway, Mr. John J. Duffey, Mr. James F. DeLeone and Mr. Robert N. Krier, for appellees.

Mr. William J. Brown, attorney general, Mr. Norman P. Solze, Messrs. Fontana, Ward, Kaps & Perry and Mr. Charles T. Kaps, for appellants.


STEPHENSON, J.

Basically, the propositions of law advanced herein present two pivotal questions as to the validity of the regulation. The first is whether the General Assembly has delegated authority to the commission authorizing adoption of the regulation. The second is whether, for a number of reasons, the regulation is unreasonable. We need reach and consider the latter only if the commission possesses the basic power to adopt the regulation.

We need not...

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