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KEARNEY v. ALLEN

22432

287 S.C. 324 (1985)

338 S.E.2d 335

Robert W. KEARNEY, President, Kearney's Inc., Respondent, v. Kenneth E. ALLEN, Sally J. Scott and Elliott D. Thompson, constituting the South Carolina Alcoholic Beverage Control Commission, Richard A. Bello, Lloyd Hendricks, Leone Castles, Moffatt Burris, Rev. Paul Monroe, Dr. Kyle Myers, and Hugh Palmer, et al., (Protestants), of whom Kenneth E. Allen, Sally J. Scott and Elliott D. Thompson, constituting the South Carolina Alcoholic Beverage Control Commission, are Appellants.

Supreme Court of South Carolina.

Decided December 18, 1985.

Attorney(s) appearing for the Case

Atty. Gen. T. Travis Medlock, Senior Asst. Atty. Gen. Edwin E. Evans, and Asst. Atty. Gen. Frank L. Valenta, Jr., Columbia, for appellants.

Troy L. Hyatt of Hyatt & Hyatt, and Robert C. Elliott of The Elliott Law Firm, Columbia, for respondent.

Heard Nov. 4, 1985.

Decided Dec. 18, 1985.

CHANDLER, Justice:

The South Carolina Alcoholic Beverage Control Commission (ABC) appeals a Circuit Court reversal of its order denying a beer and wine permit and a minibottle license to Robert W. Kearney, President, Kearney's Inc. (Kearney).

We reverse.

FACTS

Kearney filed an application for a beer and wine permit and a minibottle license. Thereafter, ABC conducted a hearing at which...

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