DENIAL OF APP. FOR ISS. OF BEER/WINE LIC.

No. 94-096.

883 P.2d 833 (1994)

In the Matter of the DENIAL OF the APPLICATION FOR ISSUANCE OF ONE ORIGINAL (NEW) ON-PREMISES CONSUMPTION BEER/WINE LICENSE, TOWN PUMP OF WOLF POINT, 401 Cascade, Wolf Point, Roosevelt County, Montana, Applicants E-Z Supply, Inc., Appellant.

Supreme Court of Montana.

Decided October 25, 1994.


Attorney(s) appearing for the Case

Thomas E. Richardson, Butte, for appellant.

Lawrence G. Allen, Tax Counsel, Montana Dept. of Revenue, Helena, for respondent.


GRAY, Justice.

E-Z Supply, Inc. (E-Z), an affiliate of Town Pump, Inc., appeals from an order of the First Judicial District Court, Lewis and Clark County, denying its petition for judicial review. We reverse, concluding that the Montana Department of Revenue (DOR) incorrectly interpreted and applied § 16-4-413, MCA, in denying E-Z's application for an on-premises beer and wine license (liquor license).

On December 22, 1988, E-Z applied to the Liquor...

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