HOVEY v. DEPARTMENT OF REVENUE, LIQUOR DIV.

No. 82-194.

659 P.2d 280 (1983)

R. Peyton HOVEY, Petitioner and Appellant, v. DEPARTMENT OF REVENUE, LIQUOR DIVISION, of the State of Montana, and Lee Williams, et al., Respondents.

Supreme Court of Montana.

Decided February 24, 1983.


Attorney(s) appearing for the Case

John W. Mahan argued, Carter Picotte argued, Helena, for petitioner and appellant.

Michael Garrity argued, Dept. of Revenue, Helena, for respondents.


GULBRANDSON, Justice.

This case comes to this Court from the District Court of the First Judicial District, Lewis and Clark County. The District Court denied appellant's petition for a writ of mandate, requiring the Department of Revenue (DOR) to allow him to apply for one of six new liquor licenses to be issued in the Billings area. From that denial this appeal was taken.

In September 1981, six new floater all beverage liquor licenses became available in...

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