{ "id": 6138005, "name": "Ken WESTERMAN v. Charles R. SINGLETON, Administrator of the Arkansas Alcoholic Beverage Commission Division, State of Arkansas, Department of Finance and Administration; and Dora Louise POPE", "name_abbreviation": "Westerman v. Singleton", "decision_date": "1983-07-06", "docket_number": "CA 82-436", "first_page": "120", "last_page": "123", "citations": [ { "type": "official", "cite": "9 Ark. App. 120" }, { "type": "parallel", "cite": "653 S.W.2d 152" } ], "court": { "name_abbreviation": "Ark. Ct. App.", "id": 13370, "name": "Arkansas Court of Appeals" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "262 Ark. 893", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1675881 ], "weight": 2, "year": 1978, "opinion_index": 0, "case_paths": [ "/ark/262/0893-01" ] }, { "cite": "215 Ark. 773", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1464692 ], "weight": 2, "year": 1949, "opinion_index": 0, "case_paths": [ "/ark/215/0773-01" ] }, { "cite": "253 Ark. 120", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1627301 ], "weight": 3, "year": 1972, "opinion_index": 0, "case_paths": [ "/ark/253/0120-01" ] }, { "cite": "189 S.W.2d 794", "category": "reporters:state_regional", "reporter": "S.W.2d", "year": 1945, "opinion_index": 0 }, { "cite": "209 Ark. 168", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1475718 ], "year": 1945, "opinion_index": 0, "case_paths": [ "/ark/209/0168-01" ] }, { "cite": "278 Ark. 453", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1748074 ], "weight": 2, "year": 1983, "opinion_index": 0, "case_paths": [ "/ark/278/0453-01" ] }, { "cite": "5 Ark. App. 107", "category": "reporters:state", "reporter": "Ark. App.", "case_ids": [ 6138688 ], "weight": 2, "year": 1982, "opinion_index": 0, "case_paths": [ "/ark-app/5/0107-01" ] }, { "cite": "610 S. W.2d 257", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 1756102, 1756135 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ark/271/0703-01", "/ark/271/0699-01" ] }, { "cite": "271 Ark. 703", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1756102 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ark/271/0703-01" ] } ], "analysis": { "cardinality": 371, "char_count": 5199, "ocr_confidence": 0.866, "pagerank": { "raw": 6.380125665320789e-08, "percentile": 0.3938835816296626 }, "sha256": "09834eba9948183f00eb0fd722e9b7507b6677f688d8cad3ac26b87db34700da", "simhash": "1:1a0b675782b56e4a", "word_count": 840 }, "last_updated": "2023-07-14T22:52:18.031409+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Ken WESTERMAN v. Charles R. SINGLETON, Administrator of the Arkansas Alcoholic Beverage Commission Division, State of Arkansas, Department of Finance and Administration; and Dora Louise POPE" ], "opinions": [ { "text": "James R. Cooper, Judge.\nThe appellee, Dora Louise Pope, was granted a retail liquor permit by the Alcoholic Beverage Control Board. From that decision, comes this appeal.\nOn August 3, 1981, Ms. Pope applied to the appellee, the Alcoholic Beverage Control Division of the Arkansas Department of Finance and Administration (hereinafter referred to as the ABC), for a liquor permit. This was Ms. Pope\u2019s fourth application since 1976 for her establishment known as The Depot, which already had a retail beer permit. The Depot is located in Texarkana, Arkansas. In accordance with the ABC regulations, a newspaper published a public advertisement notifying all interested parties that Ms. Pope had filed an application for a liquor permit. The appellant, who operates an off-premises beer and liquor outlet near Ms. Pope\u2019s proposed establishment, wrote the Board opposing the issuance of her permit.\nOn October 22,1981, the Director of the ABC denied Ms. Pope\u2019s application for a permit, but the ABC Board subsequently reversed and granted the permit on the condition that Ms. Pope remove the seafood business located in the proposed establishment. The appellant filed a petition for judicial review in the Miller County Circuit Court. The decision of the ABC Board was affirmed and the appellant filed his notice of appeal to this Court, arguing that there is no substantial evidence to support the granting of a retail liquor permit to Ms. Pope.\nOn appeal of administrative decisions, this Court must review the entire record and determine whether there is substantial evidence to support the administrative findings. Citizens Bank v. Arkansas State Banking Board, 271 Ark. 703, 610 S. W.2d 257 (1981). See also ABC Board of the State of Arkansas v. Blevins, 5 Ark. App. 107, 633 S.W.2d 380 (1982). In Williams v. Scott, 278 Ark. 453, 647 S.W.2d 115 (1983), the Arkansas Supreme Court stated:\nAn administrative agency, like a jury, is free to believe or disbelieve any witness. Meyer v. Seismograph Service Corp., 209 Ark. 168, 189 S.W.2d 794 (1945). We give the evidence its strongest probative force to support the administrative decision. Franks v. Amoco Chemical Co., 253 Ark. 120, 484 S.W.2d 689 (1972). To establish an absence of substantial evidence to support the decision the appellant must demonstrate that the proof before the administrative tribunal was so nearly undisputed that fair-minded men could not reach its conclusion. Ibid. Finally, the question is not whether the testimony would have supported a contrary finding but whether it supports the finding that was made. Campbell v. Athletic Mining & Smelting Co., 215 Ark. 773, 223 S.W.2d 499 (1949).\nIn the case at bar, Rick Michaels, a market analyst, testified that the intersection located near the establishment for which Ms. Pope sought a liquor license was \u201cprobably the busiest intersection north of Houston, Texas\u201d and submitted \u201ctraffic counts\u201d to substantiate his claim. Ms. Pope\u2019s establishment is located on State Line Avenue which serves as the borderline between Arkansas and Texas. Several highways intersect this avenue in the vicinity of Ms. Pope\u2019s building. Mr. Michaels further testified that there were 37 permits for the sale of liquor in Miller County and that their average income was $171,000.00 per year, which is $60,000.00 per year more than the average income for other such businesses in the State of Arkansas. On cross-examination, the appellant, whose establishment is closest in proximity to the proposed location of Ms. Pope\u2019s business, testified that the income from his store was $650,000.00 to $750,000.00 per year, or at least four times the Miller County average. Although the overall population of Texarkana, Arkansas, has slightly declined, Ms. Pope testified that the growth of Texarkana was in the direction of the interstate, which is toward the location of her business. Ms. Pope testified that the majority of the liquor stores in Texarkana were located downtown and that most of her customers preferred not to drive downtown. Ms. Pope stated that many of her customers requested, that she apply for a liquor permit so that she could sell both liquor and beer and keep them from having to make two stops. From a review of the evidence, we cannot find that the ABC Board\u2019s decision is arbitrary or in total disregard of the facts. White County Guaranty Savings and Loan Ass\u2019n v. Farmers and Merchants Bank, 262 Ark. 893, 562 S.W.2d 582 (1978). It is in the discretion of the ABC Board to determine whether the public convenience and advantage will be promoted in issuing a liquor permit, Ark. Stat. Ann. \u00a7 48-301 (Repl. 1977), and we find substantial evidence to support its decision to grant the liquor license to Ms. Pope.\nAffirmed.", "type": "majority", "author": "James R. Cooper, Judge." } ], "attorneys": [ "Smith, Stroud, McClerkin, Dunn ir Nutter, by: Nelson V. Shaw, for appellant.", "Donald R. Bennett, for appellee ABC Board.", "Honey & Rodgers, by: Charles L. Honey, for appellee Pope." ], "corrections": "", "head_matter": "Ken WESTERMAN v. Charles R. SINGLETON, Administrator of the Arkansas Alcoholic Beverage Commission Division, State of Arkansas, Department of Finance and Administration; and Dora Louise POPE\nCA 82-436\n653 S.W.2d 152\nCourt of Appeals of Arkansas\nOpinion delivered July 6, 1983\nSmith, Stroud, McClerkin, Dunn ir Nutter, by: Nelson V. Shaw, for appellant.\nDonald R. Bennett, for appellee ABC Board.\nHoney & Rodgers, by: Charles L. Honey, for appellee Pope." }, "file_name": "0120-01", "first_page_order": 144, "last_page_order": 147 }