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ALCOHOL BEVERAGE CONTROL v. BOYD

No. 36124.

231 P.3d 1041 (2010)

ALCOHOL BEVERAGE CONTROL, Plaintiff-Appellant, v. Gordon J. BOYD, licensee d/b/a Shot Glass, Defendant-Respondent.

Supreme Court of Idaho, Lewiston, April 2010 Term.

April 23, 2010.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Jenny Grunke argued.

John R. Hathaway, Orofino, for respondent. Christopher S. Lamont argued.

HORTON, Justice.

This is an appeal from a district court's order reversing an administrative hearing officer's decision to suspend Gordon Boyd's retail alcohol license. We reverse the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are not in dispute. Between the late evening of September 15, 2006, and the early morning of September 16, 2006, two undercover Alcohol Beverage Control (ABC) officers, Corporal...

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