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BV BEVERAGE CO., LLC v. STATE

No. 39690.

315 P.3d 812 (2013)

BV BEVERAGE COMPANY, LLC, an Idaho limited liability company, Petitioner-Appellant, v. The STATE of Idaho, Department of Idaho State Police/Alcohol Beverage Control, G. Jerry Russell, in his official capacity as Director of Idaho State Police, Respondent.

Supreme Court of Idaho.

December 4, 2013.

Attorney(s) appearing for the Case

Rainey Law Office, Boise, attorney for Appellant. Rebecca A. Rainey argued.

Hon. Lawrence G. Wasden , Idaho Attorney General, Boise, attorney for Respondent. Cheryl A. Meade argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal of the district court's dismissal of BV Beverage Company, LLC's ("BV Beverage") petition for judicial review arising from the expiration of its liquor license. Idaho Alcohol Beverage Control ("ABC") contends that BV Beverage's interest in its license expired by operation of law when BV Beverage's lessee failed to timely renew. BV Beverage contends that the agency's procedures deprive it of adequate...

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