{
  "id": 6652160,
  "name": "Marguerite C. DURKEE v. ARKANSAS ALCOHOLIC BEVERAGE CONTROL BOARD",
  "name_abbreviation": "Durkee v. Arkansas Alcoholic Beverage Control Board",
  "decision_date": "1984-04-11",
  "docket_number": "CA 83-233",
  "first_page": "151",
  "last_page": "152",
  "citations": [
    {
      "type": "official",
      "cite": "11 Ark. App. 151"
    },
    {
      "type": "parallel",
      "cite": "667 S.W.2d 376"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 150,
    "char_count": 2055,
    "ocr_confidence": 0.859,
    "sha256": "745f0db501829ca77375eef2766ada4cd7972dd05dff67b52cd080071c2e1ad5",
    "simhash": "1:cfca27034583d646",
    "word_count": 324
  },
  "last_updated": "2023-07-14T21:16:17.677907+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Cooper and Cracraft, JJ., agree."
    ],
    "parties": [
      "Marguerite C. DURKEE v. ARKANSAS ALCOHOLIC BEVERAGE CONTROL BOARD"
    ],
    "opinions": [
      {
        "text": "Donald L. Corbin, Judge.\nThis is an appeal from a Pulaski County Circuit Court decision affirming an Arkansas Alcoholic Beverage Control Board decision denying an application for an off-premises beer permit.\nAppellant filed an application with the Arkansas Alcoholic Beverage Control Board which was denied by the Board\u2019s Director. On appeal, the Board was unable to reach a majority decision, voting two for reversal of the Director\u2019s decision and two against, with one abstention. The Board then issued an order reinstating the Director\u2019s decision, substituting different findings of fact for those of the Director. Appellant appealed the Board\u2019s order to the Pulaski County Circuit Court, Second Division, which affirmed the Board\u2019s action. We reverse and remand.\nThe circuit court\u2019s decision is clearly erroneous. Ark. Stat. Ann. \u00a7 48-1302. la (Repl. 1977), specifically requires that \u201call action by the Arkansas Alcoholic Beverage Control Board shall be by a majority vote of the full membership.\u201d In this instance, a majority of the Board failed to either reverse or affirm the Director\u2019s decision. There is no evidence in the record that a majority of the Board\u2019s full membership took any action regarding appellant\u2019s application. In the absence of a decision by a majority of the Board\u2019s membership, there is nothing for the circuit court to review. Therefore, the Board\u2019s decision which was reviewed by the circuit court was not a valid, appealable order.\nWe reverse and remand to the trial court with directions to reverse its decision and remand the matter to the Arkansas Alcoholic Beverage Control Board for consideration of the Director\u2019s denial of appellant\u2019s application and his findings of fact, pursuant to the provisions of Ark. Stat. Ann. \u00a7 48-1314 et. seq.\nReversed and remanded.\nCooper and Cracraft, JJ., agree.",
        "type": "majority",
        "author": "Donald L. Corbin, Judge."
      }
    ],
    "attorneys": [
      "Ernie Witt, for appellant.",
      "Treeca J. Dyer, for appellee."
    ],
    "corrections": "",
    "head_matter": "Marguerite C. DURKEE v. ARKANSAS ALCOHOLIC BEVERAGE CONTROL BOARD\nCA 83-233\n667 S.W.2d 376\nCourt of Appeals of Arkansas Division I\nOpinion Delivered April 11, 1984\nErnie Witt, for appellant.\nTreeca J. Dyer, for appellee."
  },
  "file_name": "0151-01",
  "first_page_order": 173,
  "last_page_order": 174
}