1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 362 S.W.3d
  5. 362 S.W.3d 600 (2010)
 

BOYD'S CREEK ENTERPRISES v. SEVIER COUNTY

No. E2009-00702-COA-R3-CV.

362 S.W.3d 600 (2010)

BOYD'S CREEK ENTERPRISES, LLC., et al. v. SEVIER COUNTY, Tennessee, a Governmental Corporate Entity, et al.

Court of Appeals of Tennessee, at Knoxville.

November 18, 2010.

Application for Permission to Appeal Denied by Supreme Court May 25, 2011.

Petition to Rehear Denied June 7, 2011.

Attorney(s) appearing for the Case

Wayne A. Kline and Joshua J. Bond , Knoxville, Tennessee, for the appellant(s), Boyd's Creek Enterprises, LLC.

J. Eric Harrison , Morristown, Tennessee, for the appellant, K-VA-T Food Stores, Inc.

Steven E. Marshall , Sevierville, Tennessee, for the appellant, Weigels Stores, Inc.

Jerry K. Galyon , Sevierville, Tennessee, for the appellees, Sevier County, Tennessee and Sevier County Beer Board.

OPINION

DAVID R. FARMER, J., delivered the opinion of the Court, in which HOLLY M. KIRBY, J. and J. STEVEN STAFFORD, J., joined.

The question before this Court is whether the issuance of a beer permit in violation of a county's distance rule is non-discriminatory if it results from an agreed order resolving litigation. We conclude that a beer board's decision to effectively exempt a single premises or subset of premises from the enforcement of a valid distance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases