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MILLER v. OREGON LIQUOR CONTROL COM'N

No. 78-259; CA 14522.

600 P.2d 954 (1979)

42 Or.App. 555

Elsie Viola MILLER and Oretta Bernice Lancaster Doing Business As the Junction Cafe and Tavern, Petitioners, v. OREGON LIQUOR CONTROL COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided October 8, 1979.

Attorney(s) appearing for the Case

David W. Axelrod, Portland, argued the cause for petitioners. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Roland F. Banks, Jr., and Thomas M. Triplett, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

This is a petition for review of the validity of two rules promulgated by the Oregon Liquor Control Commission (OLCC).1 The sole question is whether the rules exceed the statutory authority of OLCC.2 ORS 183.400(3).

The authority of the OLCC to enact implementing regulations is contained in several statutory provisions. The Liquor Control...

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