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LOUISVILLE METRO v. O'SHEA'S-BAXTER

No. 2013-SC-000085-DG.

438 S.W.3d 379 (2014)

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, APPELLANT v. O'SHEA'S-BAXTER, LLC (D/B/A Flanagan's Ale House), et al., Appellees.

Supreme Court of Kentucky.

August 21, 2014.

Attorney(s) appearing for the Case

Michael J. O'Connell , David A. Sexton , for Appellant.

Kenneth Sidney Handmaker , Kevin Lee Chlarson , for Appellee, O'Shea's Baxter, LLC (d/b/a Flanagan's Ale House).

David A. Smith , Stephen Bryant Humphress , for Appellee, Commonwealth Of Kentucky, Alcoholic Beverage Control Board.

Opinion of the Court By Justice SCOTT.

This appeal arises from a challenge by O'Shea's-Baxter, LLC, d/b/a Flanagan's Ale House (Flanagan's) to an order of the Alcoholic Beverage Control Board (ABC Board) upholding the Louisville/Jefferson County Government's (Louisville Metro) denial of Flanagan's's application for a retail drink license. The issues involved in the present action concern KRS 241.075, which prohibits the issuance of a retail drink license to an applicant...

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