TEXAS ALCOHOLIC BEVERAGE COM'N v. MACHA

No. 07-89-0030-CV.

780 S.W.2d 939 (1989)

The TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. Lawrence MACHA dba Calico Country Lounge, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled December 28, 1989.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Anthony Aterno, Asst. Atty. Gen., Austin, for appellant.

Gerald L. Anderson, Ralph H. Brock, Lubbock, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.


REYNOLDS, Chief Justice.

The Texas Alcoholic Beverage Commission (TABC) appeals from an order staying summary suspension of Lawrence Macha's late hours and mixed beverage permits for failure to pay tax deficiencies and instructing TABC to provide an administrative evidentiary hearing to determine such deficiencies. In four enumerated points of error, TABC contends the trial court (1) improperly asserted jurisdiction under the Texas Alcoholic Beverage Code and the...

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