Alabama Alcoholic Beverage Control Bd. v. Owen
| Decision Date | 05 March 1975 |
| Citation | 54 Ala.App. 419,309 So.2d 459 |
| Parties | ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD v. Evelyn Maureen A. OWEN, d/b/a S & S Distributing Company. Civ. 499. |
| Court | Alabama Court of Civil Appeals |
Steagall & Adams, Ozark, for appellant.
Morring, Giles, Willisson, Higgs & Cartron, Huntsville, for appellee.
The appellant, Alabama Alcoholic Beverage Control Board, an agency of the State of Alabama, on October 4, 1973, after notice and hearing, suspended for six months the wholesale beer license of appellee, Evelyn Maureen A. Owen, d/b/a S & S Distributing Company in Huntsville, Alabama. The appellee thereupon filed a petition for writ of certiorari in the Circuit Court of Madison County against the appellant asking that court to hold for naught the order suspending the wholesale beer license of appellee. The petition was subsequently amended to include the members of the ABC Board as respondents. The appellant filed a motion seeking a change of venue from Madison County to Montgomery County mainly on the ground that it and its members were official residents of Montgomery County and that its principal place of business was also in Montgomery, Montgomery County, Alabama. This motion was denied and after responsive pleadings were filed the case was heard on the merits and a judgment rendered by the Madison County Circuit Court finding appellee had violated certain provisions of the ABC law and suspended her wholesale beer license for a period of twenty-five days beginning on November 1, 1974 and assessed a fine against her in the amount of $3,500. That judgment has been appealed to this court.
The appellant argues several assignments of error in brief, one of which we consider decisive of this appeal. Appellant says that the Madison County Circuit Court erred in denying the request for a change of vanue from Madison County to Montgomery County.
In Tri-State Corp. v. State ex rel. Gallion, 272 Ala. 41, 128 So.2d 505, the State Conservation Department Director, the Governor of the State, and the chief of a division in the State Conservation Department were respondents, individually and in their representative capacities, in a suit to cancel a lease that had been entered into between these persons and a private corporation. The bill of complaint was brought in Montgomery County and it was contended that the venue was mislaid. The supreme court said:
In the recent cases of Kelley v. Lingo, 280 Ala. 128, 190 So.2d 683; Ex parte State ex rel. Russell, 280 Ala. 448, 194 So.2d 851; and Dir. of Dept. of Public Safety v. Relford, 51 Ala.App. 456, 286 So.2d 860, it was held that the official residence of the State Director of Public Safety for suit purposes was Montgomery County, Alabama.
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...place of business. See Alabama Youth Servs. Bd. v. Ellis, 350 So.2d 405, 407 (Ala. 1977) ; Alabama Alcoholic Beverage Control Bd. v. Owen, 54 Ala. App. 419, 420, 309 So.2d 459, 460 (1975). However, later in 1981, after the enactment of the Alabama Surface Mining Act, the legislature enacted......
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