Southland Corp. v. Liquor Control Commission

Plaintiff appeals of right an October 4, 1978, lower court order granting summary judgment in favor of defendant. We reverse.

Plaintiff is in the business of establishing, operating and franchising a chain of convenience food stores. In states that permit it to do so, plaintiff sells gasoline to motorists. On March 14, 1978, administrative rules promulgated by the defendant Liquor Control Commission became effective. Although the prior rules of the defendant agency had prohibited merchants from selling both gasoline and liquor on the same premises, the new rules allowed the sale of gasoline by…