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CHUMLEY v. WILLIAMS

639 S.W.2d 557 (1982)

Charles CHUMLEY, Rusty Kautz, Rev. Frank Fultz, Herman Brown, Harold White, Jack Fraley, and A. D. Coleman, Appellants, v. May WILLIAMS, Chester Kiser, Jean W. Bailey, Jack Carter, Richard Lewis, Edward Farris, John Crimmins, Steve O'Connor, Annabelle Moore, Jerry Howell, Gary Wientjes, Kenneth J. Smith, Donald Battson, and Patrick J. Serey, Appellees.

Court of Appeals of Kentucky.

As Modified August 6, 1982.

Discretionary Review Denied September 14, 1982.

Attorney(s) appearing for the Case

William D. Kirkland, Frankfort, for appellants.

George Rabe, Lexington, Harvey Pennington, County Atty., Morehead, Catherine Staib, Alcoholic Beverage Control Bd., Frankfort, for appellees.

Before COOPER, McDONALD and VANCE, JJ.

COOPER, Judge.

This appeal is from a judgment up-holding the result in a local option election held on April 24, 1982, in which certain precincts in the City of Morehead voted to legalize the sale of alcoholic beverages. This action was based on the failure to properly advertise the local option election as required by KRS 242.040. The appellants are qualified voters who are opposed to the legalized sale of alcoholic beverages. The sole issue presented is whether...

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