Boyd's Creek Enterprises, LLC. v. Sevier County, Tennessee, a Governmental Corporate Entity

OPINION

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 nondiscriminatory 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 rule is impermissibly discriminatory, even if it results from an agreed order. Because the discriminatory issuance of a single permit in violation of a county’s distance rule may invalidate the…