LEXINGTON R. B. D. ASS'N v. DEPT. OF A. B. C. BOARD


303 S.W.2d 268 (1957)

LEXINGTON RETAIL BEVERAGE DEALERS ASSOCIATION et al., Appellants, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL BOARD et al., Appellees, and LEXINGTON RETAIL BEVERAGE DEALERS ASSOCIATION et al., Appellants, v. Guy C. SHEARER et al., Appellees.

Court of Appeals of Kentucky.

June 7, 1957.


Attorney(s) appearing for the Case

Allen, Duncan, Duncan & Arnold, J. L. Arnold, Lexington, for appellants.

Jo M. Ferguson, Atty. Gen., Walter C. Herdman, Asst. Atty. Gen., for appellees.


CLAY, Commissioner.

These two cases, consolidated for the purpose of appeal, present two methods of attack upon an order of the Alcoholic Beverage Control Board increasing the quota of liquor licenses in Fayette County. The first proceeding was a suit seeking an injunction, and the second was by way of appeal from the order. Both proceedings were dismissed by the trial court.

On November 3, 1955, the Board entered an order increasing retail package and retail...

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