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BEVERAGE WAREHOUSE v. COM.

Nos. 2009-CA-002020-MR, 2010-CA-001717-MR, 2010-CA-001718-MR, 2010-CA-001779-MR.

382 S.W.3d 34 (2011)

BEVERAGE WAREHOUSE, INC., Appellant, v. COMMONWEALTH of Kentucky, DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL; Liquor Barn #5, LLC; and City of St. Matthews, Kentucky, Appellees. and Liquor Barn #5, LLC, Appellant, v. Floyd Melvin Cancello; Christine McLellen; 116 McArthur Drive, LLC; Beverage Warehouse, Inc.; Commonwealth of Kentucky, Department of Alcoholic Beverage Control; City of St. Matthews, Kentucky; James L. King, St. Matthews ABC Administrator; and Louisville/Jefferson County Metro Government, Appellees. and Commonwealth of Kentucky, Department of Alcoholic Beverage Control, Appellant, v. Floyd Melvin Cancello; Christine McLellen; 116 McArthur Drive, LLC; Beverage Warehouse, Inc.; Liquor Barn #5, LLC; City of St. Matthews, Kentucky; James L. King, St. Matthews ABC Administrator; and Louisville/Jefferson County Metro Government, Appellees. and Floyd Melvin Cancello; Christine McLellen; 116 McArthur Drive, LLC; and Beverage Warehouse, Inc., Cross-Appellants, v. Commonwealth of Kentucky, Department of Alcoholic Beverage Control; City of St. Matthews, Kentucky; James L. King, St. Matthews ABC Administrator; Louisville/Jefferson County Metro Government; and Liquor Barn #5, LLC, Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 14, 2012.

Attorney(s) appearing for the Case

Sarah Fore Whittle , F. Larkin Fore (argued), Louisville, KY, for Appellant/Appellee/Cross-Appellant, Beverage Warehouse, Inc.

Peter F. Ervin , Stephen B. Humphress , Kentucky Department of Alcoholic Beverage Control, Frankfort, KY, for Appellee/Appellant/Cross-Appellee, Commonwealth of Kentucky, Department of Alcoholic Beverage Control.

Kenneth S. Handmaker (argued), Kevin L. Chlarson , Louisville, KY, for Appellee/Appellant/Cross-Appellee, Liquor Barn #5, LLC.

Sarah Fore Whittle , F. Larkin Fore (argued), Lousville, KY, for Appellees/Cross-Appellants, Floyd Melvin Cancello; Christine McLellen; and 116 McArthur Drive, LLC.

Before KELLER and THOMPSON, Judges; SHAKE, Senior Judge.

OPINION

THOMPSON, Judge:

We are asked to consider three orders of the Franklin Circuit Court addressing a third party's right to a hearing before and after the issuance of a liquor license. We refer to the cases which have been consolidated for appeal as Beverage Warehouse I, Beverage Warehouse II and Beverage Warehouse III.

BACKGROUND

Beverage Warehouse, Inc. operates a licensed retail liquor store at 4323 Shelbyville Road in St...

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