The opinion
Dissenting Opinion by
Ross, J.:
In my opinion, the order in this case should be reversed on the ground that the Board abused its discretion in refusing the transfer.
The sole reason advanced for refusing the transfer was that the establishment proposed to be licensed is situated in a “residential” area. That is just contrary *387 to fact. The municipal authorities by legislative enactment, a zoning ordinance, designated this area as commercial. Of course as stated in the majority opinion, a municipality may not in the guise of a zoning ordinance regulate the business of dispensing liquor, but the converse should also be true: the Liquor Control Board — or a court acting under the liquor laws — cannot rezone a municipality and then use that attempted rezoning as the basis for refusing or granting the issuance of a license or a transfer thereof.
I would reverse the order of the court below and remit the record to the Liquor Control Board with direction to approve the transfer of the license in question.
Gunther, J. joins in this dissent.