(Download) "Alvin M. Stone v. Texas Liquor Control Board Et Al" by The Supreme Court of Texas No. A-11793 # eBook PDF Kindle ePub Free
eBook details
- Title: Alvin M. Stone v. Texas Liquor Control Board Et Al
- Author : The Supreme Court of Texas No. A-11793
- Release Date : January 21, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Petitioner, a private citizen, contested the application of Joe Bozarth for a Retail Dealer's Off-Premise License to sell beer. The county judge approved the application, and the license was subsequently issued by the Texas Liquor Control Board. Petitioner attempted to appeal to the district court, which dismissed the cause on the ground that he has no right of appeal. The Court of Civil Appeals affirmed. 407 S.W.2d 830. We affirm the judgment of the Court of Civil Appeals. The procedure for obtaining a beer license is set out in Article 667-6, Vernon's Ann. P.C. In considering and acting on the application, the county judge and the Board perform administrative functions. State v. Bush, 151 Tex. 606, 253 S.W.2d 269. It is well settled that there is no right of appeal from an administrative order unless the statute provides for the same or unless the order violates a constitutional right or adversely affects a vested property right. Brazosport Sav. & Loan Ass'n. v. American Sav. & Loan Ass'n., 161 Tex. 543, 342 S.W.2d 747; City of Amarillo v. Hancock, 150 Tex. 231, 239 S.W.2d 788; Richardson v. Alsup, Tex. Civ. App., 380 S.W.2d 923 (wr. ref); Mason v. City of San Antonio, Tex. Civ. App., 324 S.W.2d 90 (no writ). In previous cases the Courts of Civil Appeals have applied this general rule and held or said that a contestant may not appeal when the application is approved by the county judge. State v. Lemaster, Tex. Civ. App., 275 S.W.2d 164 (no writ); Texas Liquor Control Board v. Abogado, Tex. Civ. App., 172 S.W.2d 778 (no writ).
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