The petition to stop the "moist" vote locally was denied by the Kentucky Court of Appeals as of Wednesday afternoon.

The central ruling in the case was that the petition failed to demonstrate the necessary requirements for a writ of prohibition.

County Attorney Mark McGaha had filed the petition after the ruling by Circuit Judge Vernon Miniard that an election in the City of Jamestown, as well as Jamestown and Lake precincts, was to move forward.

In its ruling the appellant court said that the relief requested by McGaha was reserved for extraordinary cases and in situations where absolutely necessary, and it was therefore denied.

The court noted that in any election the results could be contested after the vote was held, which is the normal course in such cases.

Voting on the issue of whether to allow the by-the-drink sale of alcoholic beverages in restaurants seating more than 100 people will be held in the two courtrooms of the Russell County Courthouse November 24, this Tuesday.