Fleming v. Board of Liquor Control

This is an appeal on questions of law. The appellants are Dean Fleming, Harry Lane and Dale McMullen. The appellee is the Board of Liquor Control. The appellants named filed an application for a new Class D-5 night club permit to be located in Dunham Township, Washington County, Ohio. The application was denied by the Director of the Department of Liquor Control, and the reason given in the rejection order was Regulation No. 12, Section 2 of the Regulations of the Board of Liquor Control, reading as follows:

“In determining whether to grant or refuse a permit the department shall consider…