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GROW TRIGG, INC. v. TRIGG COUNTY/JUDGE EXECUTIVE

No. 2010-CA-000269-MR.

344 S.W.3d 704 (2011)

GROW TRIGG, INC., Appellant, v. TRIGG COUNTY/JUDGE EXECUTIVE; Trigg County Clerk; Trigg County Fiscal Court; Trigg County Board of Elections; and Roy D. Ezell, as Representative for Election Petitioners in Montgomery Precinct, Appellees.

Court of Appeals of Kentucky.

May 13, 2011.

Attorney(s) appearing for the Case

W.E. Rogers, III , Hopkinsville, KY, for appellant.

Donald E. Thomas , Benton, KY, for appellee, Ezell as Representative for Petitioners in Montgomery Precinct.

Before COMBS, THOMPSON, and VANMETER, Judges.

OPINION

COMBS, Judge:

Grow Trigg, Inc., appeals a declaratory judgment of the Trigg Circuit Court that permits a precinct in Trigg County to hold a local option (wet/dry) election. Following careful review, we reverse.

The facts are not disputed by either party. On September 29, 2009, Trigg County held an election to determine whether it would allow the sale of alcoholic beverages. By a narrow margin...

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