Legal Opinion

Elks Lodges No. 719 v. Department of Alcoholic Beverage Control

Utah Supreme Court

Decided October 23, 1995No. 940105, 940197PublishedCited by 11 opinions

1Opinion of the Court

DURHAM, Justice:

This case is a consolidation of separate petitions filed by two Elks lodges and by two Moose lodges, both seeking review of orders of the Department of Alcoholic Beverage Control Commission. Because petitioners raise identical claims, we consider them together. Differences between petitioners will be discussed in the analysis portion of this opinion.

I. FACTS AND PROCEDURE BELOW

On August 19,1993, the Commission of the Division of Alcoholic Beverage Control (DABC) served notice on twelve Elks lodges, two Moose lodges, and two other private clubs that the organizations, each of…

Also in this document: Concurrence · Howe; Concurring in part, dissenting in part; Concurrence · Russon.

2Cases cited56 opinions

  1. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  2. Perry v. SindermannSupreme Court of the United States · 1972
  3. Griswold v. ConnecticutSupreme Court of the United States · 1965
  4. Brown v. Board of EducationSupreme Court of the United States · 1954
  5. Kolender v. LawsonSupreme Court of the United States · 1983

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3Cited by11 opinions

  1. Esquivel v. Labor Com'n of UtahUtah Supreme Court · 2000
  2. Franklin Lodge v. MarcouxSupreme Court of New Hampshire · 2003
  3. Martin v. STATE, DEPT. OF MOTOR VEHICLESSupreme Court of Vermont · 2003
  4. State v. ShepherdCourt of Appeals of Utah · 1999
  5. Due South, Inc. v. Department of Alcoholic Beverage ControlUtah Supreme Court · 2008

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