Legal Opinion

Burger Brewing Co. v. Thomas

Ohio Supreme Court

Decided June 4, 1975No. Nos. 74-477 and 74-492PublishedCited by 32 opinions

1Opinion of the CourtStephenson, J.

Basically, the propositions of law advanced herein present two pivotal questions as to the validity of the regulation. The first is whether the General Assembly has delegated authority to the commission authorizing adoption of the regulation. The second is whether, for a number of reasons, the regulation is unreasonable. We need reach and consider the latter only if the commission possesses the basic power to adopt the regulation.

We need not stop in the disposition of this appeal to examine the power of the General Assembly to absolutely control the liquor industry as a matter of social…

2Cases cited7 opinions

  1. Berman v. ParkerSupreme Court of the United States · 1954
  2. Belden v. Union Central Life Ins.Ohio Supreme Court · 1944
  3. Burger Brewing Co. v. Liquor Control CommissionOhio Supreme Court · 1973
  4. Weber v. Board of HealthOhio Supreme Court · 1947
  5. State Ex Rel. Williams v. GlanderOhio Supreme Court · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
  2. McFee v. Nursing Care Management of America, Inc.Ohio Supreme Court · 2010
  3. State v. FryeOhio Court of Appeals · 2018
  4. Sterling Drug, Inc. v. WickhamOhio Supreme Court · 1980
  5. Althof v. Ohio State Bd. of Psycho., Unpublished Decision (3-8-2007)Ohio Court of Appeals · 2007

27 more not listed; retrieve them via the Exa API.

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