SARAH C. GILDEHAUS, APPELLANT
ARKANSAS ALCOHOLIC BEVERAGE CONTROL BOARD AND CHRISTOPHER MOORE, APPELLEES
Amended March 11, 2016.
FROM THE BENTON COUNTY CIRCUIT COURT. NO.CV-2014-1385-4.
HONORABLE JOHN R. SCOTT, JUDGE.
Cone, P.L.C., by: Jim Lyons, for appellant.
Robin Casteel, for appellee Arkansas Alcoholic Beverage
Moore Pendergraft, LLP, by: Timothy C. Hutchinson, for
appellee Christopher Moore.
M. GLOVER, Judge. KINARD, GRUBER, WHITEAKER, JJ., agree.
HOOFMAN, J., concurs. VIRDEN, J., dissents.
M. GLOVER, Judge.
Gildehaus appeals from the order that dismissed her petition
for judicial review of the Alcohol Beverage Control (ABC)
Board's transfer of a retail liquor permit and that,
alternatively, affirmed the Board's decision. She
contends that the trial court erred in 1) dismissing her
amended petition for lack of standing, 2) refusing to
consider the entire record on appeal, and 3) allowing the
issuance of a retail liquor permit despite numerous
violations of the law. We affirm.
order dismissing Gildehaus's petition, the trial court
set out the basic, and essentially undisputed, background
facts. Michelle Jameson received conditional permit number
05132 for a retail liquor store to be located at 2800 West
Hudson Road, Suite D, in Rogers, Arkansas. After
reconsidering the potential financial burdens, Jameson
contacted the ABC and asked about alternatives she might
pursue. She learned about inactive status for a permit while
she considered her future desires regarding the permit. She
was told she could submit an application for inactive status
for her permit if she opened her business for one day, had a
phone line and her business license, sold one bottle of
liquor, and had an ABC agent come and approve her location.
Jameson operated her business for one day and then applied
with Christopher Moore to the ABC to transfer permit number
05132 from her to Moore. The ABC Director refused to approve
the application on April 17, 2014. She appealed the transfer
denial, and, following a hearing, the ABC Board unanimously
reversed the Director and approved the transfer on September
17, 2014, (the " agency decision" ).
October 13, 2014, Gildehaus filed an original petition with
the circuit court, seeking judicial review and a stay of the
agency decision. On December 18, 2014, she filed an amended
petition. Paragraph three of her amended petition provides in
Further, this location is within three (3) miles of
Gildehaus' liquor store and is a competitor of Gildehaus.
As a result, this has caused Gildehaus to suffer injury and
is a basis for this litigation.
offered no further testimony or evidence of injury at the
hearing to expand upon paragraph three of her amended
urged reversal of the agency decision based on the following
summarized arguments: 1) Jameson did not have a valid permit
to transfer to Moore because Jameson represented she had
leased the property, when in fact she had only an option to
lease the premises; no ABC agent ever inspected Jameson's
store prior to opening, she just complied with the ABC
agent's request that she send photos; Jameson had no
sales-tax permit and did not remit taxes to DFC; she received
$4,000 from Moore to pay for her option to lease the
premises; and 2) Moore was not legally qualified to receive
transfer of the permit because he had some interest in two
permits; he made knowing misstatements of material facts
regarding ownership of the business location; and he provided
remuneration to another retail liquor ...