Koehn

The respondents have moved to dismiss the appeal taken by the Alcoholic Beverage Control Appeals Board on the ground that the appeals board is not an aggrieved party within the meaning of section 938 of the Code of Civil Procedure and is not entitled to appeal.

On August 20, 1953, the State Board of Equalization dismissed an accusation filed by M. M. Koehn against E. L. Ledger, the holder of certain liquor licenses, and directed that the order become effective on September 21. Koehn filed a petition for reconsideration, and thereafter the state board postponed the effective date of its decision to October 13. A reconsideration was granted on October 8, and after further proceedings the state board in December 1954 ordered that Ledger’s licenses be suspended indefinitely. Ledger appealed to the appeals board, which set aside the order of suspension on the theory that the state board did not have jurisdiction to grant a reconsideration in October 1953 because of failure to act within the times specified in sections 11519 and 11521 of the Government Code.. Thereafter Koehn, acting pursuant to section 1094.5 of the Code of Civil Procedure, filed a petition in the superior court…