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COLVIN v. DEPT. OF REVENUE, STATE OF MONTANA

No. 82-477.

661 P.2d 462 (1983)

John Currie COLVIN, d/b/a Vino's, Petitioner and Appellant, v. DEPARTMENT OF REVENUE, STATE OF MONTANA, LIQUOR DIVISION, Respondent and Respondent.

Supreme Court of Montana.

Decided April 7, 1983.

Attorney(s) appearing for the Case

Terry J. Hanson, Miles City, for petitioner and appellant.

Michael G. Garrity, Helena, for respondent and respondent.

SHEA, Justice.

Petitioner, John Currie Colvin, appeals an order of the Custer County District Court which upheld a decision of the State Tax Appeal Board denying his application for a beer license in Miles City. Beer licenses in Montana cities are issued on a quota basis specified in section 16-4-105, MCA. Miles City then had eight beer licenses, and it had a population according to the census of 9,602 people. Under the statute, section 16-4-105(1)(a)(iii), a city...

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