Saturday, April 13, 1996 | 11:59 a.m.
The ruling favors the Carson City Liquor Board, which appealed after Carson District Judge Mike Fondi ordered that Lepire get a liquor license and noted there was "hard-core consumption of alcohol" at a business next door to the laundromat.
Justice Charles Springer dissented, saying Fondi "has a much better grasp of the facts of this case than does this appellate tribunal. The trial judge saw the denial of a license as being arbitrary and discriminatory."
But the majority ruling held Fondi erred by admitting evidence which wasn't before the Liquor Board. Justices also said there was public opposition to the license and the board found the laundromat didn't qualify as "a bona fide dining room."
Lepire argued the laundromat qualified as a dining room because it had two tables, eight chairs and a microwave oven - in addition to 54 washing machines.
"More mischief would result" by categorizing any business with a microwave oven as a dining room," justices said, adding, "This would include virtually every convenience market currently in operation."
The court also noted the board was told a petition against the license had been signed by 65 people, and all 150 members of the Carson Park Condo Homeowners Association opposed the license.
"This court has held that public opposition to a proposal is sufficient ground for denial," the Supreme Court said.
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