Lewis v. Smothers

Here, the circuit court granted the temporary injunction to prevent enforcement of the revocation until the appeal process before the circuit court had been exhausted.

The circuit court’s order clearly violates K.R.S. 243.580(3) which states in reference to appeals from the Alcoholic Beverage Control Board’s orders:(3) No court may enjoin the operation of an order of revocation or suspension pending an appeal. If upon appeal to the Franklin Circuit Court an order of suspension or revocation is upheld, or if an order refusing to suspend or revoke a license is reversed, and an appeal is taken to…