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CITY OF ELYRIA v. LIQUOR CONTROL COMM.

No. 12AP-244.

2012 Ohio 4132

City of Elyria, Appellant-Appellant, v. Liquor Control Commission et al., Appellees-Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

September 11, 2012.

Attorney(s) appearing for the Case

Terry S. Shilling and Erik A. Breunig, for appellant city of Elyria.

Mike DeWine, Attorney General, and Scott A. Longo, for appellee Ohio Liquor Control Commission.

Lumpe & Raber, J. Richard Lumpe and David A. Raber, for appellee McGhee's, Inc.

DECISION

TYACK, J.

{¶ 1} The city of Elyria is appealing from the trial court's decision supporting the renewal of liquor permits for the Red Fox Lounge in Elyria. A single assignment of error is presented for review:

THE TRIAL COURT ABUSED ITS DISCRETION IN AFFIRMING THE ORDER OF THE LIQUOR CONTROL COMMISSION, IN THAT THE ORDER IS NOT SUPPORTED BY RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE AND IS NOT IN ACCORDANCE WITH LAW....

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