TOKUMOTO v. DEPARTMENT OF REVENUE

No. 93-340.

869 P.2d 782 (1994)

Nancy C. TOKUMOTO, d/b/a Kadena's Gourmet Take-Away, Petitioner and Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF MONTANA and Greenleaf Restaurant and Hotels Corporation, d/b/a Greenleaf Cafe and Delicatessen, Respondents and Respondents.

Supreme Court of Montana.

Decided February 24, 1994.


Attorney(s) appearing for the Case

Robert J. Sullivan, Boone, Karlberg & Haddon, Missoula, for Petitioner and Appellant.

David L. Nielson, Tax Counsel, Office of Legal Affairs, Department of Revenue, Helena; and Milton Datsopoulos, Datsopoulos, MacDonald & Lind, Missoula (Greenleaf), for Respondents.


HUNT, Justice.

Petitioner/Appellant, Nancy C. Tokumoto, d/b/a Kadena's Gourmet Take-Away (Tokumoto), appeals from an order of the Fourth Judicial District Court, Missoula County, affirming the decision of the Department of Revenue which awarded a beer/wine license in the City of Missoula to respondent, Greenleaf Restaurant (Greenleaf).

We affirm.

The dispositive issue is whether the District Court erred when it affirmed the Department of Revenue's...

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