Gildehaus v. Arkansas Alcoholic Beverage Control Board

I respectfully dissent'from the majority decision to affirm the circuit court’s' sua sponte raising of the issue of Gildehaus’s standing to challenge the transfer of the retail liquor permit from Jameson to Moore.

In its order, the circuit court cited Estes v. Walters, 269 Ark. 891, at 894, 601 S.W.2d 252, 254, in which this court affirmed the circuit court’s decision to uphold the ABC determination that the appellant did not have standing to challenge the granting of a new permit (though on different grounds than were originally found by the ABC). In Estes, the ABC granted a new permit to…