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ASHLAND v. ALCOHOLIC BEVERAGE CONTROL

No. 96-CA-002873-MR.

982 S.W.2d 210 (1998)

CITY OF ASHLAND, Kentucky; and Brenda Kesling, City of Ashland Alcoholic Beverage Control Administrator, Appellants, v. KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD; Ashland, Inc., d/b/a/ SuperAmerica Store # 5603; and, Ashland, Inc., d/b/a/ SuperAmerica Store # 5724, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court January 13, 1999.

Attorney(s) appearing for the Case

Richard W. Martin, Kevin P. Sinnette, Ashland, for Appellants.

Pamela Carroll Farmer, Rebecca Goodman, Frankfort, for Appellee, Kentucky Alcoholic Beverage Control Board.

Mark R. Overstreet, Frankfort, for Appellee, Ashland, Inc. d/b/a SuperAmerica Store # 5603 and Store # 5724.

Before GARDNER, JOHNSON and MILLER, JJ.

OPINION

JOHNSON, Judge.

The City of Ashland (the City) has appealed from the judgment of the Franklin Circuit Court which affirmed the determination of the Kentucky Alcoholic Beverage Control Board (the Board) that the City was without authority to impose a quota on the number of malt beverage licenses to be issued in the City and that the City's ordinance prohibiting the sale of malt beverages from a store that sells groceries and/or gasoline is...

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