The Costco wholesale club opened this morning on Chenal Parkway and the new enterprise includes an adjoining liquor store with separate entrance.

A retail liquor store trade group and owner of a nearby liquor store sued to appeal the state Alcoholic Beverage Control Board approval of the retail liquor permit. It cites state law limiting transfers of existing permits, such as Costco has done, along with other objections. The liquor store will sell only spirits, but the Costco store itself will sell beer and wine.

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Judge Alice Gray ruled Monday that the lawsuit didn’t include sufficient record of the case for her to grant a preliminary injunction against opening the store. She also said the suit hadn’t been served on all parties.

Costco entered a response to the case after her order was entered. It said it would be harmed by an injunction, given expectation of $250,000 in sales from the liquor store in the first few weeks of operation.

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For now, the lawsuit still pends.

 

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