Supreme Court of Arkansas

Sarah C. Gildehaus, Appellant v. Arkansas Alcoholic Beverage Control Board and Christopher Moore, Appellees

December 1, 20162016 Ark. LEXIS 354

Summary

The court held that Gildehaus adequately alleged standing under the Administrative Procedure Act and that the circuit court erred by raising standing sua sponte. Nevertheless, the court affirmed because the Board's decision approving Moore's permit transfer was supported by substantial evidence, and several of Gildehaus's statutory arguments were unpreserved or did not provide a proper basis for reversal. The court also held that alleged evidentiary errors by the circuit court were irrelevant because appellate review was directed to the agency's decision. The court vacated the court of appeals' opinion.