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UNITED DRY FORCES v. LEWIS

619 S.W.2d 489 (1981)

UNITED DRY FORCES, et al., Appellants, v. Richard LEWIS, Commissioner, et al. and Jack T. Thompson, Mayor, et al., Appellees.

Supreme Court of Kentucky.

As Modified July 6, 1981.

Attorney(s) appearing for the Case

H. G. Baldridge, Ashland, William D. Kirkland, Zaluski, Seay & Kirkland, Edward F. Prichard, Jr., W. Patrick Stallard, Prichard & Stallard, Frankfort, for United Dry Forces, et al.

Robert F. Matthews, John S. Reed, Richard A. Getty, Lisabeth Hughes, Greenebaum, Doll & McDonald, Louisville, Robert L. Woolery, II, William P. Emrick, McKenzie, Woolery & Emrick, P. S. C., Ashland, for Citizens For a Progressive Community and Ray McClure.

Dandridge F. Walton, Frankfort, for Richard Lewis, Commissioner, Edward A. Farris, Member, and John Crimmins, Member, Kentucky Alcoholic Beverage Control Board.

Richard W. Martin, Corp. Counsel, City of Ashland, Johnson, Dunnigan & Martin, Ashland, for Jack T. Thompson, Mayor, William A. Mordica, Commissioner, Norman "Dutch" Berry, Commissioner, Winston C. Morris, Commissioner, John C. King, Commissioner, City of Ashland, Ky.

STEPHENS, Justice.

The issue we decide on this appeal is the constitutionality of KRS 242.1292 (1980), which provides for special elections by precinct on the question of prohibition, solely in cities of the second class.

Appellants, plaintiffs below, are a group of citizens of Boyd County who are opposed to the sale of alcohol in the county. This action was commenced in the Franklin Circuit Court on July 14, 1980. The petition named the Kentucky Alcoholic...

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