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ROLLIN FOODS v. VILLAGE OF GLENDALE HEIGHTS

No. 2-93-1251.

646 N.E.2d 12 (1995)

269 Ill.App.3d 351

206 Ill.Dec. 880

ROLLIN FOODS, INC., as General Partner of Cody Coyotes Restaurant, Ltd., Plaintiff-Appellee, v. The VILLAGE OF GLENDALE HEIGHTS, Defendant-Appellant (Du Page County State's Attorney, Defendant, and the Illinois Liquor Control Commission, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

February 1, 1995.

Attorney(s) appearing for the Case

James E. Ryan, Atty. Gen., Chicago, William K. Blanchard, Asst. Atty. Gen., Chicago, for Illinois Liquor Control Com'n.

Storino, Ramello & Durkin, Michael K. Durkin, Rosemont, for Village of Glendale Heights.

Wylie, Mulherin, Rehfeldt & Varchetto, P.C., William J. Wylie, Anthony F. Mannina, Wheaton, for Rollin Foods, Inc.

Justice DOYLE delivered the opinion of the court:

This case arose after police officers arrested three employees of a restaurant and bar for allegedly violating the "Happy hours prohibited" statute, section 6-28 of the Liquor Control Act of 1934 (Act) (235 ILCS 5/1-1 et seq. (West 1992)). Following the arrests, plaintiff, Rollin Foods, Inc., filed an action for declaratory judgment and injunction in the circuit court of Du Page County. At issue is whether section...

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