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AGL, INC. v. N.C. ALCOHOLIC BEVERAGE CONTROL COM'N

No. 8310SC846.

315 S.E.2d 718 (1984)

AGL, INC. T/A Mother Fletcher's, Petitioner, v. N.C. ALCOHOLIC BEVERAGE CONTROL COMMISSION, Respondent, and The Town of Blowing Rock, Intervenor-Respondent.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Parker, Sink, Powers, Sink & Potter by William H. Potter, Jr., Raleigh, for petitioner-appellant.

David S. Crump, Sp. Deputy Atty. Gen., Raleigh, for respondent North Carolina ABC Com'n.

Clement & Miller by Charles E. Clement, Boone, for respondent-intervenor Town of Blowing Rock.

VAUGHN, Chief Judge.

I.

The issue on this appeal is whether the Commission erred in cancelling petitioner's permits to sell beer and wine after finding that petitioner was not a bona fide restaurant under G.S. 18B-1000(6). Our scope of inquiry in reviewing the Commission's application and interpretation of G.S. 18B-1000(6) is governed by the Administrative Procedure Act, G.S. 150A-51(4). Pursuant to G.S. 150A-51(4), a court reviewing the Commission...

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