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BROOKPARK ENTERTAINMENT, INC. v. TAFT

Nos. 90-4130, 91-3070.

951 F.2d 710 (1991)

BROOKPARK ENTERTAINMENT, INC., d/b/a Crazy Horse Saloon, Plaintiff-Appellant, Cross-Appellee, v. Bob TAFT; John Hall, Defendants-Appellees, Cross-Appellants, Robert Hughes; John M. Coyne; Thaddeus J. Jackson; Roger M. Synenberg; Dale Miller, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1991.

Order on Denial of Rehearing February 20, 1992.

Attorney(s) appearing for the Case

Jennifer L. Brunner (argued & briefed), Thomas P. Michael, Columbus, Ohio, for plaintiff-appellant cross-appellee.

Catherine M. Cola, Asst. Atty. Gen. (briefed), Chester T. Lyman, Jr. (briefed), Office of Atty. Gen., Columbus, Ohio, for defendants-appellees cross-appellants.

Michael P. Butler (briefed), Timothy J. Kollin, Office of Pros. Atty., Stephanie Tubbs Jones, Cuyahoga County Pros. Attys. Office, Mark I. Wallach, Calfee, Halter & Griswold, Malcolm C. Douglas (briefed), Office of Director of Law, Cleveland, Ohio, Cherry L. Poteet (argued), Catherine M. Cola, Asst. Atty. Gen. (briefed), Office of Atty. Gen., Columbus, Ohio, for defendants-appellees.

Before GUY, Circuit Judge, BROWN, Senior Circuit Judge, and CHURCHILL, Senior District Judge.

RALPH B. GUY, JR., Circuit Judge.

The plaintiff, a nightclub, challenges the constitutionality of an Ohio statute allowing for the revocation of its liquor license by popular referendum. The district court dismissed the action, finding that the federal issues were moot because the referendum on the plaintiff's license was untimely under Ohio law. The district court also stated in dicta that the plaintiff's constitutional challenges were meritless. The Ohio Supreme...

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