Attorney General Opinions and Advisory Letters

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Opinion No. 47-4994

March 4, 1947

BY: C. C. McCULLOH, Attorney General

TO: Tom O. Montoya, Chief, Division of Liquor Control, Bureau of Revenue, Santa Fe, New Mexico

{*18} On February 26, 1947, in response to your request, I wrote Opinion No. 4992 with reference to Section 61-516 of the 1941 Compilation.

In that opinion, I had the impression that in the particular case the notice of the application for license had not been posted twenty days on the premises as required by this statute.

However, you have informed me differently, and the facts, as I now understand them to be, are that in the case involved the notice was posted for the required twenty days, and, under the express direction of your predecessor in office, the notice was posted inside the building for which the application for license was made.

Under this new set of facts, it is my opinion that the law was complied with and that you are bound by the action of your predecessor and could not legally revoke the license.

I am writing you this letter as a supplemental opinion to the one mentioned above.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.