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FUCHS v. STATE, DEPT. OF IDAHO STATE POLICE

No. 37652.

272 P.3d 1257 (2012)

Daniel S. FUCHS, Petitioner-Appellant, v. STATE of Idaho, DEPARTMENT OF IDAHO STATE POLICE, BUREAU OF ALCOHOL BEVERAGE CONTROL, Respondent-Respondent on Appeal. Daniel S. Fuchs, Plaintiff-Appellant, v. State of Idaho, Department of Idaho State Police, Bureau of Alcohol Beverage Control, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2011 Term.

February 28, 2012.

Attorney(s) appearing for the Case

Brian N. Donesley , Boise, argued for appellant.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, for respondent. Cheryl Anne Emmons Meade , Deputy Attorney General argued.

BURDICK, Chief Justice.

This case arises out of the district court's dismissal for failure to exhaust administrative remedies of Daniel S. Fuchs's (Fuchs) petition for judicial review and complaint for declaratory and injunctive relief. Fuchs is challenging the Alcohol Beverage Control's (ABC) removal of his name from liquor license priority waiting lists. He argues that the agency actions constitute an informal rule that was not promulgated in accordance with the...

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