Hutchinson v. State

OPINION

MONTOYA, Justice.

This is an appeal from a summary judgment granted by the District Court of Santa Fe County on an appeal de novo from an order of the Director of the Department of Alcoholic Beverage Control denying the application for a rural liquor license. The only issue involved is whether the words “ten [10] miles”, as used in subsection 46-5-24(c), N.M.S.A.1953 (Repl. Vol. 7, 1966), refers to ten road miles or ten air miles.

The undisputed facts are that the proposed location and premises for the operation of a rural New Mexico dispenser’s license applied for by the plaintiff was…