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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 97 September Term, 1995

Karen A. Patten v. Board of Liquor License Commissioners of Baltimore City

Fischer, Harrell, Murphy,

JJ.

Opinion by Fischer, J.

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Filed:

November 30, 1995

Karen A. Patten (Patten) appeals from an order by the Circuit Court for Baltimore City affirming the Board of Liquor License Commissioners for Baltimore City (Board). The Board denied

Patten's request for the transfer of the ownership and location of a liquor license. Patten raised the following issues for our

consideration, which have been reworded and reordered: I. Did the circuit court err by recalculating the universe of possible protest votes from fifty to forty-nine? II. Did the circuit court err by affirming the Board's decision to allow a one-half vote of protest for World Cars, Inc. (World Cars), even though its corporate charter had been forfeited? III. Did the circuit court err by allowing one vote of protest for 838 South Bond Street, where three of the four co-owners actually voted against the transfer? IV. Did the circuit court err by affirming the Board's decision to allow Mr. Allen Taylor to cast two protest votes for London Court Limited Partnership and London Court General Partnership?1Board rejected Patten's request, Patten appealed to the circuit court, which affirmed the Board's mandate.2land courts examine three factors to determine if an agency relationship exists. These three factors require: 1) an agent to be subject to the principal's right of control; 2) an agent to have a duty to act primarily for the benefit of the principal; and 3) an agent to hold the power to alter the legal relations of the principal. Schear v. Motel Management Corp., 61 Md. App. 670, 687 (1985) (citing to These two partnerships will be collectively referred to as "London Courts" in the rest of the opinion The Board and the protestants, through their respective counsel, participated in the proceedings before the circuit court. They remain as appellees before u
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Restatement (Second) Agency

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Maryland Law