Kroger Co. v. City of Baker

WATKINS, Judge.

This is action brought by The Kroger Company to obtain an injunction preventing the City of Baker from enforcing its “dry” ordinance in a “wet” area which had been annexed into the city in 1979. Kroger Store 279 is located in this formerly “wet” area which is now within the municipal limits of the City of Baker which in a referendum in 1960 had voted itself “dry.” The trial court granted a temporary restraining order, which after the case was submitted on stipulation was recalled and vacated, and an injunction denied. Kroger has appealed. We affirm.

The facts are set forth in…