Alaska Supreme Court
Robert Stevens, D/b/a Fish Heads Bar & Grill, Appellant v. State of Alaska, Alcoholic Beverage Control Board And…
August 12, 20112011 Alas. LEXIS 77
Summary
The court affirmed the superior court’s decision upholding the denial of Stevens’s continued operation under his liquor license. It held that the borough validly delegated authority to protest the license, that the statutory scheme placed the burden on Stevens to show the protest was arbitrary, capricious, and unreasonable without violating due process, and that Stevens could not collaterally challenge his ordinance convictions because he failed to preserve those arguments. The court also concluded that the convictions themselves supported the borough’s protest.