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SQUIRE RESTAURANT AND LOUNGE v. DENVER

No. 93CA0541.

890 P.2d 164 (1994)

SQUIRE RESTAURANT AND LOUNGE, INC., a Colorado corporation, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER; The Department of Excise and Licenses of the City and County of Denver; Mary A. Sylvester, in her capacity as the Director of Excise and Licenses for the City and County of Denver; and The Department of Revenue for the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing August 11, 1994.

Certiorari Denied March 6, 1995.

Attorney(s) appearing for the Case

Irving P. Andrews, John V. Stege, Denver, for plaintiff-appellant.

Daniel E. Muse, City Atty., James Thomas, Asst. City Atty., April L. Snook, Asst. City Atty., Denver, for defendants-appellees City and County of Denver, Dept. of Excise and Licenses of City and County of Denver, and Mary A. Sylvester, in her capacity as Director of Excise and Licenses.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Thomas D. Fears, Asst. Atty. Gen., Denver, for defendant-appellee Dept. of Revenue.

Opinion by Judge BRIGGS.

For over forty-five years plaintiff, the Squire Restaurant and Lounge, Inc., held a liquor license and operated a tavern in the City and County of Denver. In 1992, the Director of the Denver Department of Excise and Licenses (Department) refused to renew the license. Plaintiff sought judicial review in the district court under C.R.C.P. 57 and 106(a)(4), contending that the statutory standard of "good cause" for refusing to renew a liquor license...

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