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INDIANA ALCOHOLIC BEV. COM'N v. DOWLAND

No. 19A05-9105-CV-144.

580 N.E.2d 724 (1991)

INDIANA ALCOHOLIC BEVERAGE COMMISSION, Appellant-Respondent v. Mary N. DOWLAND, Horace Dowland, Brian Dowland, and Kimberly A. Dowland, d/b/a Dowland's Pub, Appellees-Petitioners.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied December 17, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael A. Schoening, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellant-respondent.

Jack R. Robinson, Rockport, for appellees-petitioners.

BARTEAU, Judge.

The Indiana Alcoholic Beverage Commission ("Commission") appeals the judgment of the trial court reversing the Commission's decision divesting Brian Dowland of his interest in Dowland's Pub, imposing a $3,000.00 fine on Dowland's Pub and suspending the Pub's permit for 15 days. The Commission raises the issue whether the trial court erred in determining the evidence was insufficient to support the Commission's decision.

We reverse.

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