Johnson v. Moore

I dissent from the majority court’s affirmance of the Board’s decision denying the appellant an off-premises beer permit in Dallas County, a wet county. I agree with the majority court that we are reviewing the Board’s decision, and not that of the circuit court, but I do not think that the Board’s decision is supported by substantial evidence.

First it is necessary to outline the procedural history of this case. Originally, on January 21, 1987, the Board granted the permit in question. At that hearing, the Board had before it testimony on all facets of the case, as well as exhibits, including…