CDS, Inc. v. Camper

This is the second appeal by Harry G. Camper, Jr., Commissioner of the West Virginia Alcohol Beverage Control Commission (ABC), of an order of the Circuit Court of Kanawha County directing him to issue CDS, Inc., d/b/a Power Dome, the appropriate licenses to operate a private club and to sell nonintoxicating beer. In the original appeal, CDS, Inc. v. Camper, 189 W.Va. 63, 428 S.E.2d 44 (1993) (per curiam) (CDS One), this Court remanded the case to the circuit court to allow the Commissioner to supplement the record. Upon consideration of the additional evidence presented on remand, the…