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FISHER v. KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD

459 S.W.2d 80 (1970)

Thomas C. FISHER, Appellant, v. KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD et al., Appellees.

Court of Appeals of Kentucky.

October 16, 1970.

Attorney(s) appearing for the Case

Guy C. Shearer, Louisville, Thomas C. Fisher, Middletown, for appellant.

John D. Darnell, Chancellor, Darnell & Smith, Frankfort, for ABC Board and each member thereof.

William M. Johnson, Frankfort, for appellees, Wilson Abbott and Bettie Abbott.

John Breckinridge, Atty. Gen., in pro. per.

Edward Phillips, Louisville, for Jack O'Leary.

CULLEN, Commissioner.

Since 1965 Jack O'Leary has held a retail beer license for premises known as Jack O'Leary's Tap Room, located in the Middletown Plaza Shopping Center in Jefferson County. Thomas C. Fisher, who is the owner, subject to the shopping center's long-term lease, of the land on which the center is located, protested the 1967 renewal of O'Leary's license. A hearing was held before the Alcoholic Beverage Control Board, following which the board entered...

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