SMOTHERS v. LEWIS


672 S.W.2d 62 (1984)

William SMOTHERS d/b/a Jane Todd Inn, Movant, v. Richard H. LEWIS, Commissioner, Department of Alcoholic Beverage Control, et al., Respondents.

Supreme Court of Kentucky.

July 5, 1984.


Attorney(s) appearing for the Case

Phillip J. Shepherd, William A. Young, Greenebaum, Young, Trietz & Maggiolo, Frankfort, for movant.

Kenneth S. Handmaker, Louisville, for amicus curiae.

Catherine Staib, General Counsel, Alcoholic Beverage Control Bd., Pamela Johnson, Frankfort, for respondents.


STEPHENS, Chief Justice.

The sole issue in this case is the constitutionality of KRS 243.580(2) and (3), which, in effect, prohibits all courts from interfering with an order of revocation of an alcoholic beverage license during an appeal.

This question is before this Court on Movant's request for CR 65.09 relief from an Opinion and Order of the Court of Appeals which granted CR 65.07 relief to the current Respondents.

Movant, William Smothers, d/b...

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