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ELKS LODGES 719 & 2021 v. ALCOH. BEV. CON.

Nos. 940105, 940197.

905 P.2d 1189 (1995)

ELKS LODGES NO. 719 (OGDEN) AND NO. 2021 (MOAB), Petitioners, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Respondent. MOOSE LODGES # 259 (SALT LAKE CITY) AND # 2031 (TOOELE), Petitioners, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Respondent.

Supreme Court of Utah.

October 23, 1995.

Attorney(s) appearing for the Case

P. Keith Nelson, Christian W. Nelson, Salt Lake City, for the Elks.

Harold G. Christensen, Richard A. Van Wagoner, Salt Lake City, for the Moose.

Jan Graham, Atty. Gen., Frank D. Mylar, Asst. Atty. Gen., and Earl F. Dorius, for Department of Alcoholic Beverage Control.

DURHAM, Justice:

This case is a consolidation of separate petitions filed by two Elks lodges and by two Moose lodges, both seeking review of orders of the Department of Alcoholic Beverage Control Commission. Because petitioners raise identical claims, we consider them together. Differences between petitioners will be discussed in the analysis portion of this opinion.

I. FACTS AND PROCEDURE BELOW

On August 19, 1993, the Commission of the Division...

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