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BRENTWOOD LIQUORS v. ALCOHOLIC BEVERAGE

No. 92-AA-822.

661 A.2d 652 (1995)

BRENTWOOD LIQUORS, INC., et al., Petitioners, v. DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD, Respondent, H & M Food Supply, Inc., t/a Metro Foods, Intervenor.

District of Columbia Court of Appeals.

Decided June 22, 1995.

Attorney(s) appearing for the Case

Andrew J. Kline, Washington, DC, for petitioners.

Stephen J. O'Brien, Washington, DC, for intervenor.

John Payton, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, DC, filed a statement in lieu of brief for respondent.

Before TERRY, FARRELL, and KING, Associate Judges.

FARRELL, Associate Judge:

This petition for review challenging the issuance of a class B license to intervenor to dispense alcoholic beverages presents both a standing and a merits issue. We hold first that petitioners, holders of liquor licenses in the same neighborhood as intervenor, have standing to assert the violation of a regulation prohibiting the issuance of a liquor license to an establishment located within 400 feet of another licensee. Second, we hold that...

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