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CORVALLIS LODGE NO. 1411 v. OLCC

CA A26189, CA A26842.

677 P.2d 76 (1984)

67 Or.App. 15

CORVALLIS LODGE NO. 1411 Loyal Order of Moose; Crater Lake Aerie 2093 of the Fraternal Order of Eagles; Astoria Aerie No. 2189 of the Fraternal Order of Eagles; Tillamook Lodge # 1260, Loyal Order of Moose, an Oregon Corporation; Milwaukie Lodge # 2032 of the Benevolent and Protective Order of Elks, an Oregon Corporation; Prineville Aerie # 2555 of the Fraternal Order of Eagles; Klamath Falls Aerie # 2090 of the Fraternal Order of Eagles; Willamette Aerie # 2081 of the Fraternal Order of Eagles; Stanfield Lodge # 920, Loyal Order of Moose, an Oregon Corporation; Lagrande Aerie # 259 of the Fraternal Order of Eagles; St. Helens Lodge # 591, Loyal Order of Moose, an Oregon Corporation; Columbus Hall Association; University Club of Portland, Inc.; Illahe Hills Country Club, an Oregon Corporation; and Private & Fraternal Organizations, Inc., an Oregon Non-Profit Corporation, Petitioners, v. OREGON LIQUOR CONTROL COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1984.

Attorney(s) appearing for the Case

John R. Faust, Jr., argued the cause for petitioners. On the briefs were Paul O'Hollaren, Ridgway K. Foley, Jr., Robert E. Joseph, Jr., Cynthia S.C. Shanahan, and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

William Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before JOSEPH, C.J., and BUTTLER and VAN HOOMISSEN, JJ.

JOSEPH, Chief Judge.

Petitioners seek judicial determination of the validity of an Oregon Liquor Control Commission rule regulating liquor service to nonmembers by Class B dispenser licensed organizations. ORS 183.400. They assert that OAR 845-08-045 involves an impermissible delegation of legislative authority, violates equal protection provisions in the state constitution and conflicts with state and federal antitrust laws...

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