wherein the court noted that the important question in administrative proceedings is whether the parties had fair notice of the issues involved
How later courts described this case
- wherein the court noted that the important question in administrative proceedings is whether the parties had fair notice of the issues involved
Written by the judges who cited it.
The opinion
Mr. Justice McINTYRE,
dissenting.
As I understand, the majority is basing its opinion in this case on the conclusion that *6 it was “incumbent upon the protestants to come forward with evidence to sustain their claim.” This I cannot accept.
The county commissioners have a duty to perform, and it would be their duty to protect the public from an undesirable situation, even if no one came in to protest. To say otherwise would be similar to saying that rate-making bodies are compelled to grant requested rate increases, if the public does not come in and make a good record against the request.
Our Administrative Procedure Act may give the right for an interested member of the public to hire an attorney and come in and make a record which would meet all of the standards set forth in the Administrative Procedure Act and in the majority opinion of this case. However, it is quite a different thing to say particular members of the public have an absolute duty and necessity to make such a record and that the administrative agency is bound to act against the public interest if such is not done.
In this particular case it seems to me the county commissioners made an unusually fine record. If it does not meet the standards and requirements of the Administrative Procedure Act, then I cannot understand how an ordinary administrative body the size of a board of county commissioners could ever do so. As far as factual findings are concerned, the board found:
“1. That two liquor licenses hitherto have been issued to that populated and unincorporated community area in Sheridan County, Wyoming, known as Story, Wyoming * * *.
“2. That the permanent population of the aforesaid Story community area is not over five hundred (500) persons *
Nothing could be more factual than these two findings, and there was more than ample evidence to justify both. In fact, the two facts stand admitted and undisputed. Indeed, as to the permanent population being not over 500 persons, the undisputed testimony was that the permanent population was not over 300 persons.
From the two findings of fact mentioned, the commissioners concluded, first, “that such a small population cannot support liquor dispensing operations of three license holders.” It then continued with a finding:
“3. That by reason of the above, the welfare of the people of Story, Wyoming, the vicinity of the place for which the Applicant Edward Barbula desires the liquor license, will be adversely and seriously affected and the purpose of this act to regulate the traffic in liquor will not be carried out by the granting of the application in question and issuance of the desired license.” (Emphasis supplied.)
For my part, I cannot go along with the idea that we should substitute our opinion for the opinion of the commissioners on the question whether the welfare of the people of Story would be adversely and seriously affected by the granting of the application for transfer. To do so makes us county commissioners rather than judges.
Section 12-11, W.S.1957, provides that a liquor license shall not be granted if the governing body shall find from evidence at the hearing that the welfare of the people residing in the vicinity of the place for which such license is desired would be adversely and seriously affected, or that the purpose of the act would not be carried out by the issuance of such license. This, of course, is exactly what the commissioners did find. In that connection, it is to be noted the statute does not spell out what will or will not adversely affect the welfare of the people. Considerations in that regard are abstract and complex and subject to great differences of opinion.
Under such a statute as ours the court held, in Ex parte Velasco, Tex.Civ.App., 225 S.W.2d 921, 923 , where the legislature has seen fit to place the responsibility of granting or refusing licenses within the discretion of an individual, his decision will not be disturbed unless it is apparent that he acted arbitrarily and unreasonably. To the same effect, is Rawn v. City of Superior, 242 Wis. 632 , 9 N.W.2d 87, 89 .
*7 There is no showing in this particular case that the commissioners acted capriciously or arbitrarily, and I even doubt if the majority is justified in its reference to their “particular whims and philosophy.”
I think the decision in this case was clearly one for the county commissioners and not one for the courts. It is, in my opinion, unfortunate the district court is not being affirmed in its decision not to interfere with the action of the commissioners.