(Download) "American Drug Stores Inc. V. Stroh" by Fourth Appellate District, Division One Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: American Drug Stores Inc. V. Stroh
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 13, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Business and Professions Code*fn1 section 23090 et seq. provides that the Supreme Court and the Courts of Appeal have exclusive jurisdiction to review orders or decisions of the Department of Alcoholic Beverage Control (the ABC) which impose penalties on liquor licensees. This appeal presents a single question: May a liquor licensee, threatened with suspension or revocation of its license, avoid the statutory limitations on judicial review of disciplinary actions if the licensee files a declaratory relief action in superior court before the ABC has acted on the disciplinary action? The trial court concluded, and we agree, that the statutory limitations on judicial review cannot be circumvented by a "race to the court house." We will affirm.