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No. 7, September Term, 2000 The Board of License Commissioners for Anne Arundel County v. Corridor Wine, Inc. t/a Corridor Wine & Spirits, et al.

[Holds That A Circuit Court Has No Authority To Issue A Writ Of Certiorari To An Administrative Agency In Order To Examine The Subject Matter Jurisdiction Of The Agency Over A Case Still Pending Before The Agency]

IN THE COURT OF APPEALS OF MARYLAND No. 7 September Term, 2000 ___________________________________________

THE BOARD OF LICENSE COMMISSIONERS FOR ANNE ARUNDEL COUNTY

v.

CORRIDOR WINE, INC. t/a CORRIDOR WINE & SPIRITS, et al. __________________________________________ Bell, C.J., Eldridge Rodowsky Raker Wilner Cathell Harrell, JJ. ___________________________________________ Opinion by Eldridge, J. __________________________________________ Filed: November 9, 2000

This appeal presents the issue of whether a circuit court common law certiorari action will lie to review the interlocutory decision of an administrative agency on a matter of statutory construction. I. In September 1997, following several contested administrative proceedings and circuit court judicial review actions, the Board of License Commissioners for Anne Arundel County ("the Board") issued a Class "A" Beer, Wine, Liquor, Beer-Wine Tasting and Sunday Sales License to Robert Trone, the President and majority shareholder of Corridor Wine, Inc., and to Denise Bettinger, an officer and minority shareholder of Corridor Wine, Inc. The license authorized Trone, Bettinger, and Corridor Wine, Inc., to conduct a retail alcoholic beverage business at 3321 Laurel-Fort Meade Road in Anne Arundel County.1 On October 2, 1998, pursuant to a "sting" operation conducted by the Anne Arundel County Police Department, Elizabeth Ivey, an employee of Corridor, sold alcoholic beverages to a 19-year old woman in violation of Maryland Code (1957, 1998 Repl. Vol., 1999 Supp.), Art. 2B,

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