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CLACKAMAS GROCERY v. OREGON LIQUOR CONTROL

OLCC08M001, OLCC08L011; A145881 (Control), A145882.

283 P.3d 936 (2012)

251 Or. App. 329

CLACKAMAS GROCERY OUTLET WAREHOUSE and Grocery Outlet, Inc., Petitioners, v. OREGON LIQUOR CONTROL COMMISSION and Oregon Beer and Wine Distributors Association, Respondents.

Court of Appeals of Oregon.

Decided July 25, 2012.

Attorney(s) appearing for the Case

John DiLorenzo, Jr. , Portland, argued the cause for petitioners. With him on the briefs were Aaron K. Stuckey and Davis Wright Tremaine LLP.

Judy C. Lucas , Assistant Attorney General, argued the cause for respondent Oregon Liquor Control Commission. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Tiffany Keast , Assistant Attorney General.

Paul R. Romain , Portland, argued the cause for respondent Oregon Beer and Wine Distributors Association. With him on the brief were The Romain Group, LLC, Margaret E. Schroeder , John A. Hirschy , and Black Helterline LLP.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

Petitioners, Clackamas Grocery Outlet Warehouse and Grocery Outlet, Inc., (GOI),1 seek judicial review of a final order of the Oregon Liquor Control Commission (OLCC), in which the OLCC determined that GOI's business practice of receiving and storing wine at its Clackamas warehouse and delivering it to GOI retail stores throughout Oregon for sale to the public was not permitted.2 The order also...

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