Judge upholds alcohol election

Published 12:00 am Thursday, December 8, 2005

In Wednesday afternoon’s directed verdict, Barren Circuit Judge Phil Patton summarily dismissed the &#8220no” voters’ case, rendering Cave City the only &#8220moist” spot in Barren County.

The next step is for the city’s government to draft regulations for alcohol sales in restaurants and dining facilities that seat at least 100 and derive at least 70 percent of revenues from food sales.

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&#8220Now, with this resolved, we know other businesses will look to come into our community,” said Brian Dale, who originated the alcohol-sales petition and owns Sahara Steakhouse in Cave City.

Last week, Patton said a ruling on disputed Cave City borders was forthcoming. But this week he settled the entire matter, upholding the Nov. 8 &#8220yes” vote because the plaintiff did not meet &#8220the burden of proof on every issue raised in his complaint,” according to his written order, released after court adjourned Wednesday.

The plaintiff alleged that county officials did not review the petition properly and that at least 30 petitioners were not qualified voters. The election, with a record 628-vote turnout, was decided by six votes.

Patton’s oral verdict, which prompted a congratulatory climate in the courtroom afterward, was a relief for the defense.

&#8220I felt like we had done everything right and according to the law,” said Pam Hunt, a Cave City clerk who took the witness stand last week. &#8220This was just a desperate attempt to once again cause trouble in Cave City – and I won’t mention any names.”

Though Patton’s ruling came behind the Commonwealth of Kentucky judicial seal, which includes the state motto, &#8220United We Stand, Divided We Fall,” Cave City Mayor Bob Hunt said he hoped it would not deter future endeavors to move the city forward.

&#8220Cave City can move on now and hopefully progress in its economic development and whatever comes along,” said Hunt, who thought Patton made the only decision that he could make based on the evidence presented.

Dale, who also serves as executive director of the Cave City Convention Center, said the city is primed for growth and can now compete for tourist money because of its proximity to Mammoth Cave National Park, Kentucky’s top tourist attraction.

But outside the courthouse, Tonya Pedigo did not exude exuberance for Patton’s decision.

Pedigo, a former Cave City resident of nine years who now resides in Glasgow, said she believes Cave City is set to lose the &#8220small-town effect” that makes the town attractive to residents and retirees.

&#8220Growing is not always a good thing. Being moist is going to lead to being wet,” said Pedigo, 31. &#8220I don’t think liquor is what brought the tourists to Cave City. I think (the decision) will have a negative effect. It will bring more money in, but money is the root to all evil.”