Association Has Standing to Challenge Decision by Alcohol Beverage Control Board
The Arkansas Supreme Court resolved an interesting point of standing in Arkansas Beverage Retailers Ass'n, Inc. v. Moore, No. 06-794 (5/3/07).
The Alcoholic Beverage Control Board approved a transfer of a liquor license to Sam's Club in Fayetteville. The Arkansas Beverage Retailers Association filed a complaint seeking judicial review, claiming its members would suffer financial harm if the license was transferred to Sam's. The trial court dismissed the complaint for lack of standing, concluding that financial impact could not support standing under the Administrative Procedure Act (APA).
The Supreme Court reversed, finding that the APA grants standing on "any person . . . who considers himself or herself injured in his or her person, business, or property by final agency action[.]" See A.C.A. § 25-15-212(a).
