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Paradox Corp. v. Virginia Alcoholic Beverage Control Board

Court of Appeals of Virginia

May 16, 1995

PARADOX CORPORATION, T/A THE EDGE
v.
VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD

FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH A. Bonwill Shockley, Judge

Kevin E. Martin-Gayle (Moody E. Stallings, Jr.; John W. Richardson; Stallings & Richardson, on briefs), for appellant.

J. Patrick Griffin, Assistant Attorney General (James S. Gilmore, III, Attorney General; Michael K. Jackson, Senior Assistant Attorney General, on brief), for appellee.

Present: Judges Baker, Benton and Senior Judge Hodges Argued at Norfolk, Virginia

MEMORANDUM OPINION [*]

PER CURIAM

Paradox Corporation, t/a The Edge (The Edge) appeals from a circuit court affirmance of a decision of the Virginia Alcoholic Beverage Control Board (the Board) to revoke The Edge's ABC licenses. The Edge presents the following nine questions on appeal:

1. Did the trial court err in failing to reverse the Board on the basis that the Board's method of revoking the appellant violated Due Process of law?
2. Did the trial court err in failing to reverse the Board on the basis that the Board was "tainted" by the March 29, 1994, meeting?
3. Did the trial court err in refusing to continue the case, in refusing to order Board Member Giordano to appear and testify, and in refusing to order the City Attorneys to appear and testify?
4. Did the trial court err in failing to reverse the Board on the basis that the Board acted arbitrarily and capriciously?
5. Did the trial court err in failing to reverse the Board on the basis that the Board abused its discretion by issuing revocations without any justification whatsoever for adopting the harshest penalty possible?
6. Did the trial court err in failing to reverse the Board on the basis that the Board erred in issuing revocations despite the presence of mitigating evidence?
7. Did the trial court err in failing to reverse the Board on the basis that the Board abused its discretion in modifying the decision of the hearing officer by issuing revocations?
8. Did the trial court err in failing to reverse the Board on the basis that the Board erred in issuing revocations where the ends/goals of the Board are not furthered by such a harsh ...

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