mere matter privilege (Vermont) · Go Syfert
← Vermont issues

mere matter privilege in Vermont

5 Vermont opinions name it 1 courts 1946–2009 0 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ackerman v. Kogutgreen
vt · 1951 · cited in 2 Vermont opinions naming this issue, 2009–2009
2 sentences

2009See Ackerman v. Kogut, 117 Vt. 40, 47, 84 A.2d 131, 136 (1951) (“traffic in intoxicating liquor is a mere matter of privilege because it is of a character tending to be injurious”). 4 As if to emphasize this point, soon after leaving licensee’s establishment, the two customers in question were found by police meandering down the middle of Route 100.

2009See Ackerman v. Kogut, 117 Vt. 40, 47, 84 A.2d 131, 136 (1951) (“traffic in intoxicating liquor is a mere matter of privilege because it is of a character tending to be injurious”). 4 As if to emphasize this point, soon after leaving licensee’s establishment, the two customers in question were found by police meandering down the middle of Route 100.

22
State Ex Rel. Billado v. Control Commissionersgreen
vt · 1946 · cited in 2 Vermont opinions naming this issue, 1951–1998
2 sentences

1998See Billado, 114 Vt. at 355-56 , 45 A.2d at 432-33 (The vast majority of constitutional rights conferred to ordinary businesses and professions are not extended to those businesses selling liquor because “the carrying on of which is a mere matter of privilege [and] because of a character tending to be injurious.”); Green Mountain Post No. 1, 117 Vt. at 411 , 94 A.2d at 234 (noting that “[t]he ordinary tests of control applicable to ordinary business do not apply” to those selling or manufacturing intoxicating liquors).

1998See Billado, 114 Vt. at 355-56 , 45 A.2d at 432-33 (The vast majority of constitutional rights conferred to ordinary businesses and professions are not extended to those businesses selling liquor because “the carrying on of which is a mere matter of privilege [and] because of a character tending to be injurious.”); Green Mountain Post No. 1, 117 Vt. at 411 , 94 A.2d at 234 (noting that “[t]he ordinary tests of control applicable to ordinary business do not apply” to those selling or manufacturing intoxicating liquors).

12
Green Mountain Post No. 1 v. Liquor Control Boardgreen
vt · 1953 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998See Billado, 114 Vt. at 355-56 , 45 A.2d at 432-33 (The vast majority of constitutional rights conferred to ordinary businesses and professions are not extended to those businesses selling liquor because “the carrying on of which is a mere matter of privilege [and] because of a character tending to be injurious.”); Green Mountain Post No. 1, 117 Vt. at 411 , 94 A.2d at 234 (noting that “[t]he ordinary tests of control applicable to ordinary business do not apply” to those selling or manufacturing intoxicating liquors).

1998See Billado, 114 Vt. at 355-56 , 45 A.2d at 432-33 (The vast majority of constitutional rights conferred to ordinary businesses and professions are not extended to those businesses selling liquor because “the carrying on of which is a mere matter of privilege [and] because of a character tending to be injurious.”); Green Mountain Post No. 1, 117 Vt. at 411 , 94 A.2d at 234 (noting that “[t]he ordinary tests of control applicable to ordinary business do not apply” to those selling or manufacturing intoxicating liquors).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Carousel Grill, Inc. v. Liquor Control Board green
vt · 1962
2 sentences

1998As discussed previously, the selling of liquor “is at most a privilege which of necessity is subordinate to the public interest and the police power of the state.” Carousel Grill, 123 Vt. at 94 , 182 A.2d at 337 .

1998As discussed previously, the selling of liquor “is at most a privilege which of necessity is subordinate to the public interest and the police power of the state.” Carousel Grill, 123 Vt. at 94 , 182 A.2d at 337 .

11998–1998
Crowley v. Christensen green
idaho · 1890
2 sentences

1946This distinction is recognized in Crowley v. Christensen, supra, 137 US at page 94 , 11 S Ct at page 17 , 34 L ed pages 624, 625.

1946This distinction is recognized in Crowley v. Christensen, supra, 137 US at page 94 , 11 S Ct at page 17 , 34 L ed pages 624, 625.

11946–1946

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 07, § 104 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VT 5 (1946–2009) IL 5 (1904–1934) CA 4 (1928–1936) MO 4 (1914–1966) IN 2 (1913–1927) OR 2 (1901–1931)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check