Kimberly Ingram, Polk County Clerk and Master, said last week that no date has been set for a judge to hear a lawsuit by David Gaddis against Polk County and the county’s beer board.
Gaddis is seeking to force the beer board to reverse its February 27, 2020, decision denying him a beer permit for 5499 Highway 64. The location is about two miles east of Ducktown on the westbound side of the four-lane highway, long ago known as the Sahara Restaurant.
The beer board denied Gaddis’ application, stating the facility is 1,257 feet from a church while the law requires a 2,000 foot minimum.
When Gaddis originally applied for his permit, he contended the location should be grandfathered-in for a beer permit since one had been granted at the location previously. He was told that more than six months had lapsed since that was the case so grandfathering-in would not apply.
In his lawsuit, Gaddis alleges the 2,000 foot rule has been applied “in a discriminatory and unlawful manner by the beer board” in that other establishments have been granted a permit that are in violation of the rule. Thus, he asks the 2,000 foot rule be set aside and his beer permit be granted.
Gaddis also asks for reasonable attorney fees, expenses and costs in the lawsuit, filed by Andrew J. Brown of William J. Brown & Associates, PLLC, in Cleveland, Tennessee.
The beer board’s response was filed September 23 by James F. Logan Jr., of Logan-Thompson, P.C., in Cleveland.
That response says, “There are no statement of facts” in Gaddis’ lawsuit to support his conclusion of discrimination. It denies the beer board acts in any discriminatory or unlawful manner.
The response also says the location is clearly not in compliance with the law and asks that Gaddis’ petition be denied.
The beer board is asking for all costs and fees, including reasonable attorneys’ fees.
The lawsuit is filed in Chancery Court in Polk County.