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CITY OF CHATTANOOGA v. TENNESSEE ALC. BEV COM'N

525 S.W.2d 470 (1975)

CITY OF CHATTANOOGA, Tennessee, et al., Petitioners, v. The TENNESSEE ALCOHOLIC BEVERAGE COMMISSION et al., Respondents.

Supreme Court of Tennessee.

June 9, 1975.

Attorney(s) appearing for the Case

Eugene N. Collins, City Atty., Gary D. Lander, Sp. Counsel, Chattanooga, for petitioners.

R.A. Ashley, Jr., Atty. Gen. & Reporter, William C. Koch, Jr., Asst. Atty. Gen., Nashville, Leroy Phillips, Jr., Douglas Meyer, Chattanooga, for respondents.

HENRY, Justice.

This suit involves the issuance of a certificate of good moral character to operate a retail liquor store. The City of Chattanooga declined to grant the certificate. The Alcoholic Beverage Commission (ABC) overruled the City and granted the certificate. On review by the Circuit Court of Davidson County, the action of the ABC was upheld. The City of Chattanooga has appealed.

There are two controlling questions, viz.:

a. The respective...

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