Helena Aerie No. 16 v. Montana Department of Revenue

I dissent. The majority should have affirmed the District Court because the statute of limitations has long since expired, and because appellant’s claim is barred by collateral estoppel and laches. In addition, the majority’s opinion undermines the DOR’s regulatory authority to restrict the sale and ownership of liquor licenses granted to it by the legislature.

I find the appellant’s claim that it had just recently discovered that its license was restrictive to be unconvincing. The Montana Alcoholic Beverage Code was enacted in 1975. Ch. 387, 1975, Mont. Laws 786. *83The code replaced separate…