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TEMPERANCE LEAGUE OF KENTUCKY v. PERRY

No. 2000-SC-1019-TG.

74 S.W.3d 730 (2002)

TEMPERANCE LEAGUE OF KENTUCKY; Greg Earwood; and Dwight Donald Elam, Appellants, v. Donna B. PERRY, Scott County Clerk; Ben Chandler, Attorney General; George Lusby, Scott County Judge/Executive; Kentucky County Clerk's Association; John Cornett; Andrea Moss; and Citizens for a Better Georgetown, Appellees.

Supreme Court of Kentucky.

May 16, 2002.

Attorney(s) appearing for the Case

John Frith Stewart, Jeffrey C. Trapp, Segal, Stewart, Cutler, Lindsay, Janes & Berry, PLLC, Louisville, Counsel for Appellants.

J. Clay McKnight, Jr., Georgetown, Counsel for Appellees, Donna B. Perry, Scott County Clerk; and George Lusby, Scott County Judge/Executive.

Julius Rather, Lexington, Counsel for Appellee, Kentucky County Clerk's Association.

E. Douglas Richards, Lexington, John B. Baughman, Hazelrigg & Cox, Frankfort, Counsel for Appellees, John Cornett; Andrea Moss; and Citizens for a Better Georgetown.

A.B. Chandler III, Attorney General, Christina L. Bradford, Assistant Attorney General, Scott White, Assistant Deputy Attorney General, Frankfort, Counsel for Appellee, Ben Chandler, Attorney General.

OPINION OF THE COURT

This case concerns a challenge to the constitutionality of KRS 242.185(6). We hold that the statute is constitutional and affirm the trial court's ruling.

Facts and Procedural History

The Kentucky General Assembly passed Senate Bill 247 on March 29, 2000. The bill, which became effective on July 14, 2000, amends KRS 242.185 by allowing any "dry" city or county to hold a local option election to allow the sale of alcoholic beverages...

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