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FARRIS v. MINIT MART FOODS, INC. NO. 37

684 S.W.2d 845 (1984)

Edward A. FARRIS, Commissioner, Division of Alcoholic Beverage Control, et al., Appellants, v. MINIT MART FOODS, INC. NO. 37, Appellee.

Supreme Court of Kentucky.

Petition for Modification Denied February 28, 1985.

Attorney(s) appearing for the Case

Catherine C. Staib, Frankfort, for appellants.

William A. Young, Larry Cleveland, Greenebaum, Young, Treitz & Maggiolo, Frankfort, for appellee.

OPINION OF THE COURT.

An application for a retail beer license was filed with the Department of Alcoholic Beverage Control by Minit Mart Foods, Inc., which is located approximately 91 feet from the Church of God, Lawrenceburg, Kentucky. The church filed a protest with the Department of Alcoholic Beverage Control within the ten-day limit imposed by KRS 243.220(3)(a), and based solely upon the protest filed by the church, the request for the license was denied. On appeal...

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