TEXAS ALCOHOLIC BEVERAGE COM'N v. TOP OF STRIP, INC.

No. 04-98-00705-CV.

993 S.W.2d 242 (1999)

TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. TOP OF THE STRIP, INC. d/b/a Top of the Strip, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled May 12, 1999.


Attorney(s) appearing for the Case

W. Reed Lockhoof, Assistant Attorney General, Austin, for Appellant.

Warren Weir, Weir & Alvarado, P.C., San Antonio, for Appellee.

Before CATHERINE STONE, Justice, PAUL W. GREEN, Justice and KAREN ANGELINI, Justice.


OPINION

Opinion by KAREN ANGELINI, Justice.

Nature of the case

The Texas Alcoholic Beverage Commission ("TABC") appeals a judgment reversing the TABC's order canceling Top of the Strip's mixed beverage and late hours mixed beverage permits. In the first issue, TABC contends that the trial court lacked jurisdiction to reverse the order. In the second and third issues, TABC argues that the order was supported by substantial evidence and was not arbitrary...

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