Barnes v. Arkansas Department of Finance & Administration

|14I respectfully dissent from the majority’s holding affirming the Board’s interpretation of a “private club” and its finding that Lamar’s Bistro established a proper nonprofit purpose. Under the majority’s interpretation, any restaurant serving alcohol in a dry county, without more, may now qualify as a private club. I would reverse the Board’s decision because it is in violation of Ark.Code Ann. § 3-9-202(10)(A)(i) (Repl.2008), in excess of the Board’s statutory authority, and not supported by substantial evidence.

While I recognize the great deference we give to an agency’s interpretation…