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LAS FUENTES, INC. v. CITY OF CHICAGO

No. 1-90-2110.

567 N.E.2d 1093 (1991)

209 Ill. App.3d 766

153 Ill.Dec. 866

LAS FUENTES, INC., et al., Plaintiffs-Appellees, v. CITY OF CHICAGO, a municipal corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

February 11, 1991.

Attorney(s) appearing for the Case

Kelly R. Welsh, Corp. Counsel, Chicago (Lawrence Rosenthal, Ruth M. Moscovitch, Thomas Dombai, of counsel), for defendant-appellant City of Chicago.

Siegel, Moses & Schoenstadt (Morton Siegel, James L. Webster, Michael A. Moses, Richard G. Schoenstadt, of counsel), Jenner & Block (John B. Simon, Joel T. Pelz, of counsel), Greenburg & Hermann (Barry H. Greenburg (of counsel), Chicago, for plaintiffs-appellees.

Justice O'CONNOR delivered the opinion of the court:

Las Fuentes, Inc., and seven other plaintiffs, challenged amendments to the City of Chicago's liquor license ordinance requiring a special license to operate beer gardens, which were previously operated under an establishment's general liquor license. The trial court entered a preliminary injunction against enforcement of the so-called "beer garden" ordinance. The City appeals. For the reasons below, we vacate the...

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