Legal Opinion

Erica, Inc. v. New Mexico Regulation & Licensing Department

New Mexico Court of Appeals

Decided March 31, 2008No. 26,824PublishedCited by 11 opinions

1Opinion of the Court

OPINION

SUTIN, Chief Judge.

{1} Appellant ERICA, Inc. (ERICA), a licensed liquor establishment, filed a petition for writ of certiorari in this Court seeking review of a decision by a hearing officer of the Alcohol and Gaming Division of the New Mexico Regulation and Licensing Department. The hearing officer determined that ERICA sold alcohol to a minor on two separate occasions, contrary to NMSA 1978, § 60-7B-l(A)(l) (1998) (amended 2004). We granted the petition.

{2} ERICA argues that the hearing officer misapplied the law in construing NMSA 1978, § 60-7B-6 (1985), which provides a defense…

2Cases cited28 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. Rio Grande Chapter of the Sierra Club v. New Mexico Mining CommissionNew Mexico Supreme Court · 2002
  4. State v. VandenbergNew Mexico Supreme Court · 2003
  5. New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007

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3Cited by11 opinions

  1. People v. FosterColorado Court of Appeals · 2013
  2. Town & Country Food Stores, Inc. v. New Mexico Regulation & Licensing Dep'tNew Mexico Court of Appeals · 2012
  3. ALB. COMMONS PARTNERSHIP v. City CouncilNew Mexico Court of Appeals · 2009
  4. Albuquerque Commons Partnership v. City Council of AlbuquerqueNew Mexico Court of Appeals · 2009
  5. La Vida Llena v. MontoyaNew Mexico Court of Appeals · 2013

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