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WHITEHEAD v. ESTATE OF BRAVARD

719 S.W.2d 720 (1986)

Michael E. WHITEHEAD, Alcoholic Beverage Control Administrator and Citizen of Newport, Kentucky, Movant, v. ESTATE OF Ray BRAVARD, d/b/a Ray's Grocery, and Alcoholic Beverage Control Board of the Commonwealth of Kentucky, Respondents.

Supreme Court of Kentucky.

Rehearing Denied December 18, 1986.

Attorney(s) appearing for the Case

Daniel R. Braun, Newport, for movant.

Mark H. Woloshin, Newport, Catherine Staib, Frankfort, for respondent.

Frank A. Wichmann, Covington, for amicus curiae — City of Erlanger.

R. Barry Wehrman, Wehrman & Wehrman, Chartered, Covington, for amicus curiae — Club Keeneland, Inc.

STEPHENS, Chief Justice.

The precise issue we address on this appeal is whether a municipality may, by ordinance, limit the number of retail beer licenses in that city, when such limitation is in conflict with an order of the Alcoholic Beverage Control Board of the Commonwealth, although the Board had not previously adopted a specific quota for such licenses within the city.

In February of 1982, the City of Newport passed an ordinance which limited the number...

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