Nickel v. Texas Liquor Control Board

If the finding of the trial court that the premises described in appellant’s application for a permit are located in a dry area as such term is defined by law is reasonably supported by substantial evidence then, in my opinion, the application must be denied regardless of whether or not Art. 666-11, Vernon’s Penal Code, expressly provides for refusal on such ground. The Board simply has no authority to authorize an illegal act.

The dry or wet status of the involved premises depends upon the proper location of the common boundary line between Justice Precincts 1 and 3 in Tom Green County. The…