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TOWN OF LEO-CEDARVILLE v. IND. ALCOHO. BEV. COM'N

No. 49A05-0005-CV-201.

754 N.E.2d 1041 (2001)

The TOWN OF LEO-CEDARVILLE, Indiana, Appellant-Petitioner, v. The INDIANA ALCOHOLIC BEVERAGE COMMISSION, Appellee-Respondent, and Pat & Larry's of Leo, Inc., Appellee-Intervenor.

Court of Appeals of Indiana.

September 13, 2001.

Attorney(s) appearing for the Case

Patrick L. Proctor, Fort Wayne, IN, Attorney for Appellant.

Joseph F. Quill, Nancy G. Endsley, Landman & Beatty, Indianapolis, IN, Attorneys for Appellee Pat & Larry's of Leo, Inc.

OPINION

SULLIVAN, Judge.

Appellant, the Town of Leo-Cedarville (Town), appeals the trial court's ruling upholding the Indiana Alcoholic Beverage Commission's (ABC) decision to renew Pat & Larry's of Leo, Inc. (Pat & Larry's) liquor retailer's permit. The Town specifically contends that Ind.Code § 7.1-3-9-3 (Burns Code Ed. Repl.1996) prohibits the ABC from renewing an applicant's liquor retailer...

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