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CONCERNED RESIDENTS v. SHOLLENBARGER

No. 10932.

831 P.2d 603 (1991)

113 N.M. 667

CONCERNED RESIDENTS FOR NEIGHBORHOOD INC., et al., Petitioners-Appellees, v. RAY SHOLLENBARGER, Director, Alcohol and Gaming Division of the Mew Mexico Division of Licensing and Regulation, Respondent-Appellant, v. OLD TOWN LIQUOR SHOPPE, INC., Real Party in Interest-Appellant.

Court of Appeals of New Mexico.

September 10, 1991.

Attorney(s) appearing for the Case

Nancy Augustus, Albuquerque, for petitioners-appellees.

Henry F. Narvaez, Keleher & McLeod, P.A., Albuquerque, Lorenzo F. Garcia, Elizabeth Woldman, Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., Santa Fe, for real party in interest-appellant Old Town Liquor Shoppe, Inc.

Tom Udall, Atty. Gen., Linda R. Bonnefoy, Asst. Atty. Gen., Santa Fe, for respondent-appellant Ray Shollenbarger.

OPINION

BIVINS, Judge.

Appellants Shollenbarger, as Director of the Alcohol and Gaming Division of the New Mexico Department of Regulation and Licensing (director), and Old Town Liquor Shoppe, Inc. (the shoppe) appeal from a writ of mandamus entered by the district court prohibiting the director from transferring a liquor license. On appeal, the director and the shoppe raise three issues: 1) whether the district court erred in the issuance of a writ of mandamus...

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