Floyd Circuit Judge Johnny Ray Harris ruled this month that the 1995 local option election for the City of Allen is “void and unenforceable” due to no lawful certification of the results.
Recently, Chris McKinney, owner of Season’s Inn in Floyd County, filed suit in Floyd Circuit Court calling for relief from violations received from the Kentucky Alcoholic Beverage Control.
In his suit, McKinney questioned the location of his business and the legality of the 1995 wet/dry election for the City of Allen. In that election, according to a tabulation sheet, Allen citizens voted to make the city a dry territory. Season’s Inn is located at the Mouth of Beaver, outside of the city limits of Allen, McKinney said, and Harris agreed.
McKinney stated in his lawsuit that, “even if the election applied to the entire precinct, the (1995) election and its results” were “conducted in violation of Kentucky law.”
McKinney received a notice of violations from ABC in January, despite the agency renewing the Season’s Inn alcohol license annually since 2004, the lawsuit stated.
ABC stated Season’s Inn was inside the city limits of Allen, which was deemed dry by the 1995 election, instead of being located inside of the Mouth of Beaver precinct.
Harris, following an affidavit filed by Floyd County Clerk Chris Waugh, ruled that there “is no record of certification of the results that complies” with Kentucky law.
Waugh, in his affidavit, said he believed the election to have applied to the City of Allen and not the Mouth of Beaver precinct, “because I personally made the initial push to make the City of Allen dry” when he was mayor of Allen. Waugh also stated Season’s Inn was located outside of the city limits.
Waugh said he searched the Floyd County Clerk’s Office and contacted the State Board of Elections but found no documentation which would indicate the election results were ever verified or certified as required by law.