49er Chevrolet v. New Motor Vehicle Board

*87Opinion

PARAS, Acting P. J.

With a perversity born of adversity, 49er Chevrolet (49er), an automobile dealer, has tried over the past four years to avoid a decision of this case on its merits. (See 49er Chevrolet v. Office of Administrative Procedure (Apr. 1, 1977) 3 Civ. 15927 [unpub. opn.].) Even in this appeal in which the merits are finally before us, 49er manages to conceal its most potent arguments in a blizzard of constitutional mutterings about the contract clause. It need not have labored so mightily, for on the merits 49er will prevail.

49er appeals from a judgment of the Sacramento…