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COFFIN v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD

No. D047218.

43 Cal.Rptr.3d 420 (2006)

139 Cal.App.4th 471

Robert B. COFFIN et al., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; Barona Tribal Gaming Authority, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

April 21, 2006.

Attorney(s) appearing for the Case

Robert B. Coffin, San Diego, CA, for Petitioner.

No appearance for Respondent.

William R. Winship Jr., San Diego, CA, for Real party in interest.

Bill Lockyer, Attorney General, Jacob A. Appelsmith, Assistant Attorney General, Chris A. Knudsen and Chris A. Brewster, Deputy Attorneys General, for Real Party in Interest, Jerry Jolly, Director of Alcoholic Beverage Control.

O'ROURKE, J.

Review of a decision of the Alcoholic Beverage Control Appeals Board affirming a decision of the Department of Alcoholic Beverage Control to grant a liquor license to the Barona Tribal Gaming authority. Decision annulled and matter remanded.

This appeal addresses the following question: which party — the applicant or the protestant — bears the burden of proof during a hearing held by the Department of Alcoholic Beverage Control ...

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