City of Louisville v. Gagen
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court, criminal division. Joseph Pryor, Judge. Prom the judgment the city appeals. Opinion op the Court by Judge Carroll — Affirming. PROPOSITIONS. 1. If the proof shows that the applicant has failed in any one of the qualifications required, it is the duty of the license board to deny the application.
Read the full summary
Appeal from Jefferson Circuit Court, criminal division. Joseph Pryor, Judge. Prom the judgment the city appeals. Opinion op the Court by Judge Carroll — Affirming. PROPOSITIONS. 1. If the proof shows that the applicant has failed in any one of the qualifications required, it is the duty of the license board to deny the application. Sections 3031 and 3033, Charter of the City of Louisville. 2. The members of the license board were justified in their opinion that the retailing of liquor in the precinct where applicant desires to locate his place of business would be injurious, to the people…
1Opinion of the Court
*505Opinion op the Court by
Judge' Carroll
Affirming.
The application of the appellee Gagen to retail spirituous, and malt liquors having been rejected by the License Board of the City of Louisville, he appealed from the decision of the board to the criminal division of the circuit court. That court upon hearing the evidence entered an order directing the license board to issue a license. From this judgment, the city of Louisville appeals.
The sections of the Kentucky Statutes relating to the questions involved- read as follows:
“Sec. 3031. Any person desiring to obtain a liquor license, by original…
2Cases cited4 opinions
- Thompson v. KochCourt of Appeals of Kentucky · 1895
- Hodges v. Metcalfe County CourtCourt of Appeals of Kentucky · 1903
- Schwierman v. Town of Highland ParkCourt of Appeals of Kentucky · 1908
- Commonwealth v. CampbellCourt of Appeals of Kentucky · 1908
3Cited by5 opinions
- Sparks v. Beer CommitteeTennessee Supreme Court · 1960
- Mutual Benefit Life Ins. of Newark, N.J. v. Welch, Ins.Supreme Court of Oklahoma · 1917
- Hays v. City of LouisvilleCourt of Appeals of Kentucky · 1911
- Gagen v. City of LouisvilleCourt of Appeals of Kentucky · 1911
- Pezold Bros. v. City of LouisvilleCourt of Appeals of Kentucky · 1910