Kroger liquorpermitordered reconsidered
Published 12:00 am Saturday, January 13, 2001
A Franklin Circuit Court judge ordered the state Alcoholic Beverage Com-mission Board last week to reconsider its decision granting an application filed by Kroger on Campbell Lane for a permit to operate a package liquor store on its property. In granting the application, the board erred as a matter of law in failing to consider evidence presented regarding public sentiment on the matter and the type of area that would be affected by the store being allowed to open, Circuit Judge Roger L. Crittenden wrote in his decision. Kroger attorney Kenneth Handmaker of the Louisville firm of Middleton & Reutlinger said he and his client still have not decided how they will handle the courts decision. We have several options, Handmaker said. We could do nothing, and just ask the board to do what I, frankly, believe they already have done and grant the license; we could ask the court to reconsider its decision; or we could file an appeal in the Court of Appeals. By law, Kroger has 10 days to ask Crittenden to reconsider or 30 days to file an appeal, he said. I need to go over the decision with my clients and see what the board is interested in doing since they were on the same side as we were in the appeal, but ultimately I expect Kroger will make the final decision on their own, Handmaker said. Well probably decide this week what were going to do. Howard Frasier of the Bowling Green firm Sheffer-Hutchison-Kenney, who represented Potter Childrens Home in the case, said he hopes the courts decision will help convince Kroger to drop its application for a permit. The corner of Campbell Lane and Nashville Road, where the proposed liquor store would be located, is directly across the street from the childrens home and also in close proximity to Bowling Green Junior High School, Frasier said. The stores proximity to areas frequented by so many children is the only reason for the opposition to the application, he said. We made very clear that were only objecting to this specific location, Frasier said. We made that very clear. In making its original decision, the ABC board ignored more than 900 letters and petitions, including some from state Reps. Brett Guthrie, R-Bowling Green, and Roger Thomas, D-Smiths Grove, he said. The decision showed that the court agreed with our position that the board erred as a matter of law by ignoring this evidence in granting the application, Frasier added. However, Handmaker said the board considered all relevant evidence, especially Bowling Green Chief Financial Officer Kirby Ramseys decision to approve Krogers application, in making its decision. We feel like the board did the right thing in granting our application because they could find no legal reason to deny it, he said.