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DICK v. CITY OF PORTALES

No. 14236.

863 P.2d 1093 (1993)

116 N.M.App. 472

George DICK and Susan Dick, Petitioner-Appellants, v. The CITY OF PORTALES, the Alcohol and Gaming Division of the State of New Mexico Regulation and Licensing Department and Mary Ann Hughes, Acting Director, Respondents-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted December 16, 1993.

Attorney(s) appearing for the Case

Warren F. Frost, Warren F. Frost, P.C., Clovis, for petitioners-appellants.

Randy Knudson, Doerr & Knudson, P.A., Portales, for respondent-appellee City of Portales.

Tom Udall, Atty. Gen., Lynda Latta, Asst. Atty. Gen., Santa Fe, for respondents-appellees Alcohol and Gaming Div., and Mary Ann Hughes, Acting Director.

Judith A. Olean, N.M. Mun. League, Santa Fe, Steven Barshov, Sive, Paget & Riesel, P.C., New York City, for amicus curiae Mun. League.

Mark M. Rhodes, Hazen H. Hammel, Rhodes & Salmon, P.C., Albuquerque, for amicus curiae Town & Country Food Stores, Inc.

OPINION

BLACK, Judge.

Petitioners, George and Susan Dick, filed an application with the Alcohol and Gaming Division of the New Mexico Department of Licensing and Regulation (AGD), requesting approval for a transfer of an existing liquor license from the Small Business Administration to them for use at a location in Portales. A hearing was held before an AGD hearing officer. The hearing officer granted preliminary approval for the transfer of the license...

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