HARPER, v. STATE, DEPARTMENT OF REVENUE

No. 56549.

328 So.2d 669 (1976)

Clyde E. HARPER, Plaintiff-Appellant-Relator, v. STATE of Louisiana, DEPARTMENT OF REVENUE, and Commission on Alcoholic Beverage Control, et al., Defendants-Appellees-Respondents.

Supreme Court of Louisiana.

Dissenting Opinion March 31, 1976.


Attorney(s) appearing for the Case

C. R. Whitehead, Jr., Whitehead & Mc-Coy, Natchitoches, plaintiff-applicant.

Robert L. Roshto, Commission on Alcoholic Beverage Control, Baton Rouge, for defendants-respondents.


TATE, Justice.

The plaintiff Harper's application for a retail beer permit was denied. By these proceedings, he seeks judicial review of the administrative denial of his application. La.R.S. 26:104. The district and intermediate courts upheld the denial. 313 So.2d 39 (La.App.3d Cir. 1975).

The application for a permit was denied because of a parish prohibition ordinance adopted in 1941 as authorized by a localoption election...

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