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DICK v. CITY OF PORTALES

No. 21694.

883 P.2d 127 (1994)

118 N.M. 541

George DICK and Susan Dick, Petitioners-Petitioners, v. The CITY OF PORTALES, The Alcohol and Gaming Division of the State of New Mexico Regulations and Licensing Department, and Mary Ann Hughes, Acting Director, Respondents-Respondents.

Supreme Court of New Mexico.

August 29, 1994.

Attorney(s) appearing for the Case

Warren F. Frost, Clovis, for petitioners.

Doerr & Knudson, P.A., Randy Knudson, Portales, for respondent City of Portales.

Tom Udall, Atty. Gen., Lynda Latta, Joel Cruz-Esparza, Asst. Attys. Gen., Santa Fe, for respondent Alcohol & Gaming Div.

Gerber & Ahern, Linda L. Aikin, Santa Fe, for amici Furrs Supermarkets, Inc., Giant Industries Arizona, Inc., Circle K Corp., & Brewer Oil Co.

Judith A. Olean, Santa Fe, Sive, Paget & Riesel, P.C., Steven Barshov, New York City, for amicus N.M. Municipal League.

Rhodes & Salmon, P.C., Mark M. Rhodes, Hazen H. Hammel, Albuquerque, for amicus Town & Country Food Stores, Inc.

OPINION

FRANCHINI, Justice.

We granted certiorari to the Court of Appeals upon petition of George and Susan Dick. The Dicks contend that the Court erroneously upheld the district court's affirmance of an order by the Alcohol and Gaming Division denying transfer of a liquor license to the Dicks from the Small Business Administration. The SBA had obtained the license in a judicial foreclosure. The Director of the Division gave preliminary approval but ultimately...

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