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Administrative Law Keyed to Schwartz
1616 Second Avenue v. State Liquor Authority
Citation:
550 N.E.2d 910 (1990)Facts
The petitioner, 1616 Second Avenue Restaurant, Inc., operating as Dorrian’s Red Hand, had been licensed to sell alcoholic beverages since 1962. In August 1986, the restaurant gained notoriety due to its connection with the “preppie murder” case, as the victim and accused had been at Dorrian’s shortly before the crime. This led to increased monitoring by the SLA and police. In February 1987, Dorrian’s was charged with selling alcoholic beverages to four underage patrons. Between the filing of charges and the hearing, Chairman Duffy testified before a Senate committee that oversees SLA operations. During this testimony, Duffy made statements indicating his belief that Dorrian’s had violated the law and expressed his commitment to “bring Dorrian’s to justice.” Specifically, he stated he was “doing a great job in the Dorrian’s matter” and was “going to bring Dorrian’s to justice.” Dorrian’s requested that Duffy recuse himself from the case due to these statements, but he declined. The SLA, with Duffy’s participation, ultimately adopted the ALJ’s findings that Dorrian’s was guilty of two violations and imposed penalties.
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