Legal Opinion

Texas Alcoholic Beverage Commission v. Live Oak Brewing Co.

Court of Appeals of Texas

Decided December 15, 2017No. 03-16-00786-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Melissa Goodwin, Justice

The Texas Alcohol Beverage Commission and its Executive Director1 (collectively the Commission) appeal from the trial court’s final judgment declaring that “Section 102.75(a)(7) of the Texas Alcoholic Beverage Code violates the Due Course of Law guarantees of article I, section 19 of the Texas Constitution” and permanently enjoining the Commission from enforcing the statute against appellees Live Oak Brewing Co., LLC; Revolver Brewing, LLC; Peticolas Brewing Co., LLC; “and all other producers of beer, ale, and malt liquor.” For the following reasons, we reverse…

2Cases cited21 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  3. FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
  4. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  5. Joe v. Two Thirty Nine Joint VentureTexas Supreme Court · 2004

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3Cited by6 opinions

  1. City of South Padre Island v. Surfvive, Anubis Avalos, and Adonai Ramses Avalos, Texas Court of Appeals, 13th District2022
  2. Farm and Ranch Freedom Alliance v. the Texas Department of Agriculture and Sid Miller, in His Official Capacity as Commissioner, Texas Court of Appeals, 3rd District (Austin)2025
  3. Houston Professional Firefighters' Association IAFF Local 341, Patrick "Marty" Lancton, Gabriel Angel Dominguez, Roy Anthony Cormier, Brian Ray Wilcox, and Delance Shaw v. Houston Police Officers' Union City of Houston Mayor Sylvester Turner, Council Members Amy Peck, Tarsha Jackson, Abbie Kamin, Carolyn Evans-Shabazz, Dave Martin, Tiffany D. Thomas. Greg Travis, Karla Cisneros, Robert Gallegos, Edward Pollard, Martha Castex-Tatum, Mike Knox, David Robinson, Michael Kubosh, Letitia Plummer, and Sallie Alcorn Controller Chris Brown And Finance Department Director Tantri Emo, Texas Court of Appeals, 14th District (Houston)2021
  4. Michael Garrett, M. D. and Kristin Held, M.D. v. the Texas State Board of Pharmacy, Dennis Wiesner, Bradley Miller, Donnie Lewis, Jenny Yoakum, Rick Fernandez, Daniel Guerroro, Lori Henke, L. Suzan Kedron, Julie Spier, Chip Thornsburg, and Suzette Tijerina, in Their Official Capacities as Members of the State Board of Pharmacy, Texas Court of Appeals, 3rd District (Austin)2023
  5. Texas State Board of Social Worker Examiners v. Katherin Youniacutt and Tammy Thompson, Texas Court of Appeals, 15th District2025

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