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In Re Private Club Application Sylamore Junction, Inc.

In Re Private Club Application Sylamore Junction, Inc.

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Published by Joshua Ryan Collums

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Published by: Joshua Ryan Collums on Jun 13, 2012
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06/14/2012

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IN THE CIRCUIT COURT OF STONE COUNTY, ARKANSAS CIVIL DIVISION

In the Matter of:
Private Club Application Sylamore Junction, Inc. MIKE MITCHELL, JO MITCHELL RONALD YOUNSE, ELICIA YOUNSE JIM HINKLE LORI DOBBINS RON SIMPSON LANCE BONDS CV 2012SYLAMORE JUNCTION, INC. CHRISTOPHER C. MCCOLLUM MANAGING AGENT ARKANSAS ALCOHOLIC CONTROL BOARD BEVERAGE RESPONDENT PETITIONERS

5~- lJ
RESPONDENT

PETITION FOR JUDICIAL REVIEW/APPEAL OF AN ADMINISTRA TIVE ADJUDICATION BY THE ARKANSAS ALCOHOLIC BEVERAGE CONTROL BOARD
1. Comes now the above petitioners and petition this court to judicially review and reverse the Arkansas Alcoholic Beverage Control Board decision of May lo, 2012 with respect to the application, Junction, Inc., by Christopher C. McCollum, private club alcohol beverage permit. 2. The petitioners and their standing are as follows: ofSylamore

managing agent for a

a. Mike Mitchell and 10 Mitchell, have children, and own a home in Stone County and they and their family own a restaurant and resort within one mile of the permit applicant's business. The petitioners individually, their family, their property, their business, their property values, and the safety of all of the above will be adversely affected by the granting of the applicant's petition for a permit and therefore are, and will continue to be, injured in their person, property, and or business if the decision of the ABC Board to issue a permit for alcohol sales is not reversed by this court. b. Ronald Younse and Elicia Younse own a home and reside within the locality of the permit applicant's business, and also own a Bed and Breakfast business within that locality. The petitioners individually, their family, their property, their business, their property values, and the safety of all of the above will be adversely affected by the granting of the applicant's petition for a permit and therefore are, and will continue to be, injured in their person, property, and or business if the decision of the ABC Board to issue a permit for alcohol sales is not reversed by this court. c. Jim Hinkle owns property about a mile from the permitted location and resides in Stone County. The petitioner individually, his

family, his property, his property values, and the safety of all of the above will be adversely affected by the granting of the applicant's petition for a permit and therefore is, and will continue to be, injured in his person, property, and or business if the decision of the ABC Board to issue a permit for alcohol sales is not reversed by this court. d. Lori Dobbins owns property in the immediate vicinity of the permitted location. She knows that public school busses daily drive past the permitted location in the morning and afternoon and actually drops off and picks up children immediately adjacent to the permitted location. The petitioner individually, her family, her community, her property, and property values, and her interest in the safety of all the above, will be adversely affected by the granting of the applicant's petition for a permit and therefore is, and will continue to be, injured in her person, property, and or business if the decision of the ABC Board to issue a permit for alcohol sales is not reversed by this court. e. Dr. Ron Simpson is a resident of the community, a property owner, and a practicing physician, and attempted to testify, with regard to dangers resulting to alcohol related vehicle collisions and health

and social problems related to recreational alcohol use. Dr. Simpson individually, his property, his business and his community will be adversely affected by the granting of the applicant's petition for a permit and therefore is, and will continue to be, injured in his person, property, and or business if the decision of the ABC Board to issue a permit for alcohol sales is not reversed by this court. f. Lance Bonds is a resident of Stone County and is the elected Sheriff of Stone County. Sheriff Bonds is concerned that the permit will adversely affect his ability to provide police protection to all of Stone County because of his limited deputies and resources. That the citizens would be adversely affected by the granting of this permit and he would be injured in his ability to provide the protection needed. The area is a very busy intersection and has a narrow bridge. Petitioner believes the granting of this permit affects the safety of the residents and tourists. 3. All of the named petitioners together with numerous individuals were present at the "Board" hearing of May 16, 2012 or wrote letters opposing the permit, and had a lawful and constitutional right and interest in participating in a fair and substantive due process hearing upon the

applicants permit request and the denial of a fair and unbiased hearing in that matter constituted an injury to all of said individuals. 4. The May16, 2012 adjudication by the Arkansas Alcoholic Beverage Control Board (hereinafter referenced as "Board") should be reversed by reason of the fact that: a. The application of Sylamore Junction, Inc., by Christopher C. McCollum, managing agent, (hereinafter referred to as "Applicant") did not meet the requisite statutory requirements (STATUTORY VIOLATION). b. The application of "Applicant" did not meet the requisite requirements of the ABC Rules and Regulations, Titles 1through 6, as have been promulgated and published by the "Board" (REGULATORY RULES VIOLATIONS). c. In considering the application of the "Applicant" the "Board", committed errors which were procedural and substantive and frustrated the statutory intent that a full and fair hearing be held on the issue of whether the applicants application should be granted. d. That during the hearing of May 16, 2012, the "Board" displayed a clear bias in favor of the applicant and conducted the hearing in a manner which was not full, fair, and neutral. Contrarily, said

bearing was conducted in such a manner as to intimidate, discourage, and ultimately deny opponents of the applicant's application for a private club permit to participate in a full and fair hearing on the issue of the applicants pending application. The "Board", before whom the hearing was held, was not neutral and at times, during the hearing, acted as a proponent in favor of the applicant's application. The hearing of May 16,2012 was conducted by the "Board" in such a manner as to result in a denial of the constitutional right of the application opponents and all other parties to procedural and administrative due process. e. That during the hearing of May 16,2012, the "Board" ignored substantial and overwhelming evidence that the "Applicant's" application was not in the public interest. f. That the "Board's" decision was not supported by substantial evidence in favor of the applicant's petition. g. That the "Board's" decision of May 16, 2012, upon the application of" Appl icant" was entered, absent the existence of a sufficient basis in fact, and was arbitrary, capricious, and characterized by, and was the result of, erroneous judgment and abuse of discretion.

5. Th"H in addition, pursuam to .A.CA 25-J 5-212(c)· this
<10 immediate order staying

CUUJ't

should

enter

tlw order of [he ABC

Board and prohibiting

applicant from selling alcoholic beverages unti r this appeal is ruled on
by this Court.

the record or this matter. which should include the 11k maintained by lhe "Board" at its offices on West

·t"

Street, Little Rock. Arkansas and which should also
tUI0

include a transcription of the testimony

comments which were offered lind

decision of1vta}'16) 2012 with regard t.o the application of the "Applicant",

By:

. ~, - vat Law P ... '0.:':. ~2
Mtn. View AR 72560

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