Stone v. Texas Liquor Control Board, A--11793

• Citation: 417 S.W.2d 385
• Decision Date: 21 June 1967
• Docket Number: No. A--11793,A--11793
• Parties: Alvin M. STONE, Petitioner, v. TEXAS LIQUOR CONTROL BOARD et al., Respondents.
• Court: Supreme Court of Texas

Page 385

417 S.W.2d 385

Alvin M. STONE, Petitioner, v. TEXAS LIQUOR CONTROL BOARD et al., Respondents.

No. A--11793.

Supreme Court of Texas.

June 21, 1967.

McLaughlin, Clark, Fisher, Gorin & McDonald, Charles M. McDonald, Waco, for petitioner.

Crawford C. Martin, Atty. Gen., Douglas H. Chilton, Asst. Atty. Gen., Austin, Bryan, Wilson, Olson & Stem, Wiley W. Stem, Jr., Tom P. Moore, Jr., Waco, for respondents.

WALKER, Justice.

Petitioner, a private citizen, contested the application of Joe Bozarth for a Retail Dealer's Off-Premise License to sell beer. The county judge approved the application, and the license was subsequently issued by the Texas Liquor Control Board. Petitioner attempted to appeal to the district court, which dismissed the cause on the ground that he has no right of appeal. The Court of Civil Appeals affirmed. 407 S.W.2d 830. We affirm the judgment of the Court of Civil Appeals.

The procedure for obtaining a beer license is set out in Article 667--6, Vernon's Ann.P.C. In considering and acting on the application, the county judge and the Board perform administrative functions. State v. Bush, 151 Tex. 606, 253 S.W.2d 269. It is well settled that there is no right of appeal from an administrative order unless the statute provides for the same or unless the order violates a constitutional right or adversely affects a vested property right. Brazosport Sav. & Loan Ass'n v. American Sav. & Loan Ass'n, 161 Tex. 543, 342 S.W.2d 747; City of Amarillo v. Hancock, 150 Tex. 231, 239 S.W.2d 788; Richardson v. Alsup, Tex.Civ.App., 380 S.W.2d 923 (wr. ref); Mason v. City of San Antonio, Tex.Civ.App., 324 S.W.2d 90 (no writ). In previous cases the Courts of Civil Appeals have applied this general rule and held or said that a contestant may not appeal when the application is approved by the county judge. State v. Lemaster, Tex.Civ.App., 275 S.W.2d 164 (no writ); Texas Liquor Control Board v. Abogado, Tex.Civ.App., 172 S.W.2d 778 (no writ).

Article 667--6 authorizes 'any citizen' to contest the application before the county judge 'upon giving security for all costs which may be incurred in such contest should this case be decided in favor of the applicant.' Petitioner says that in view of these provisions, the Legislature intended for the contestant to have a right of appeal to the courts, and that we so held in State v. Gutschke, 149 Tex. 292, 233 S.W.2d 446. There the application was denied by the county judge, and the applicant appealed to the district court as expressly authorized by the statute. The district court granted the application, and we held that the citizenprotestants were then entitled to appeal to the Court of Civil Appeals.

Paragraph (e) of Article 667--6 provides that 'in the event the judgment of the district court shall be favorable to the applicant and an appeal is taken * * *.' The final clause of the same paragraph exempts the state from the requirement that a bond be given by anyone appealing from a judgment or order. These are the provisions referred to in Gutschke when it was pointed out that the statute plainly contemplates appeals from the district court by someone on...