W.VA. Nonintoxicating Beer Commr. v. Tavern

WORKMAN, Justice:

The West Virginia Nonintoxicating Beer Commission (“Commission”) appeals from an order of the Kanawha County Circuit Court directing the Nonintoxicating Beer Commissioner (“Commissioner”) to issue a Class A beer license to the A & H Tavern. The Commissioner had previously refused to reissue the tavern’s license because he had found it was not a “suitable place” for the sale of beer. The operators of the tavern argued before the Kanawha County Circuit Court that the Commissioner had employed the wrong criteria in judging the suitability of their establishment and abused his…