United States Seventh Circuit
Pro's Sports Bar & Grill, Inc. v. City of Country Club Hills, 09-2082
In a dispute between a bar and a city over a liquor license with hours restrictions, grant of a preliminary injunction based on a due process claim is affirmed where: 1) plaintiff has a protected property interest in a liquor license with the same hours as other license holders in the city, as nothing in the text of the ordinance suggests that the council intended to amend the hours of operation section or to exclude plaintiff from its effects; 2) plaintiff has shown that it has been deprived of that property without due process of law as it did not receive a pre-deprivation hearing or any other such protections; and 3) the district court did not abuse its discretion in its balancing of the preliminary injunction factors given the strong likelihood of success of the merits, and the concrete and irreparable harm to plaintiff outweighs any interest advanced by the city in continuing to enforce the hours limitation.
Appellate Information
- Argued 10/29/2009
- Decided 12/16/2009
- Published 12/16/2009
Judges
- FLAUM, Circuit Judge., Before FLAUM, MANION, and WOOD, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellees:
- Thomas C. Crooks (argued), Chicago, IL, for Plaintiff-Appellees., John B. Murphey (argued), Rosenthal, Murphey, Coblentz & Janega, Chicago, IL, for Defendant-Appellants.