Martin
Martin v. Alcoholic Beverage Control Appeals Board
Opinion
lead Opinion
Spence, J.
This is an appeal by the Alcoholic Beverage Control Appeals Board (hereinafter called the Appeals Board) from a judgment of the trial court granting a writ of mandate directing the Appeals Board to affirm the decision of the Department of Alcoholic Beverage Control (hereinafter called the Department) denying transfer of a general on-sale liquor license to Ronald C. Chaney (hereinafter called the applicant). The Appeals Board had reversed the decision of the Department, and a motion to dismiss its appeal from the judgment of the trial court was heretofore denied upon the ground that the Appeals Board “is aggrieved by the judgment and entitled to appeal.” (Munro v. Alcoholic Beverage Control Appeals Board, 50 Cal.2d 863, 864 [ 326 P.2d 506 ].)
Several of the procedural questions arising under the 1954 amendment of article XX, section 22, of the Constitution have been recently determined by this court in Martin v. Alcoholic Beverage Control Appeals Board, Sac. 7040, ante, page 238 [ 340 P.2d 1 ], Our discussion in that case of the broad discretionary powers vested in the Department and of the limited powers vested in the Appeals Board need not be repeated here. We therefore proceed…