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BUY-U-SAK, INC. v. CITY OF RUSTON

No. 23707-CA.

602 So.2d 1057 (1992)

BUY-U-SAK, INC., Plaintiff-Appellant, v. CITY OF RUSTON, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 16, 1992.

Attorney(s) appearing for the Case

Cas B. Moss, Columbia, for appellant.

Smith & Shadoin by Robert E. Shadoin, Ruston, for appellee.

Before NORRIS, LINDSAY, and HIGHTOWER, JJ.

HIGHTOWER, Judge.

Buy-U-Sak, Inc. appeals a district court judgment sustaining the denial, by the City of Ruston, of a permit to sell beer at a certain location. For the reasons hereinafter expressed, we reverse.

FACTS

In March 1991, Buy-U-Sak, Inc., lessee of the premises situated at 108 South Monroe Street, applied to the City of Ruston for a permit to sell beer at that site. Viewing the business as located within 300 feet of a church, the Board...

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