Pantry, Inc. v. City of Pigeon Forge

OPINION

BROCK, Justice.

The plaintiff applied for a permit to sell beer for off-the-premises consumption in the City of Pigeon Forge, Tennessee, and was denied that permit solely because its proposed location contained only 2,400 sq. ft. of heated, enclosed floor space, whereas, Ordinance No. 281 of the City forbids the issuance of a permit to any applicant whose premises contains less than 3,500 sq. ft. of heated, enclosed floor space. The plaintiff appealed and the Chancery Court held that the requirement of the ordinance that an applicant have 3,500 sq. ft. of heated, enclosed floor space…