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LOUIS LATOUR, INC. v. VIRGINIA ALCOHOLIC BEV. CONTROL BD.

Record No. 1836-06-2.

645 S.E.2d 318 (2007)

49 Va. App. 758

LOUIS LATOUR, INC. v. VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD and the Country Vintner, Inc.

Court of Appeals of Virginia, Richmond.

May 29, 2007.

Attorney(s) appearing for the Case

Michael J. Lockerby, Washington, DC (Walter A. Marston, Kevin R. McNally, Richmond; Foley & Lardner, LLP, Washington, DC; Reed Smith, LLP, Richmond, on briefs), for appellant.

Carla R. Collins, Assistant Attorney General (Robert F. McDonnell, Attorney General; Frank S. Ferguson, Deputy Attorney General; K. Michelle Welch, Assistant Attorney General, on brief), for appellee Virginia Alcoholic Beverage Control Board.

E. Duncan Getchell, Jr. (Stephen D. Busch, M. Stuart North, Erin M. Sine, McGuire Woods, LLP, on brief), Richmond, for appellee The Country Vintner, Inc.

Amicus Curiae: Virginia Wine Wholesalers Association, Inc. (Thomas A. Lisk; Jacqueline S. McClenney; LeClair Ryan, on brief), Richmond, for appellant.

Present: HUMPHREYS and BEALES, JJ., and COLEMAN, Senior Judge.

RANDOLPH A. BEALES, Judge.

Louis Latour, Inc. ("Latour") appeals a decision of the Circuit Court of the City of Richmond, which affirmed a decision of the Virginia Alcoholic Beverage Control Board ("Board"). Specifically, Latour contends that the circuit court erred in failing to apply a de novo standard of review, and in finding that Latour (1) unilaterally amended its agreement with The Country Vintner, Inc. ("Vintner" or "TCV") without good cause; (2) discriminated...

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