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N & N CATERING CO., INC. v. CITY OF CHICAGO

Nos. 98 C 6961, 98 C 7831, 98 C 8054.

37 F.Supp.2d 1056 (1999)

N & N CATERING COMPANY, INC., Plaintiff, v. CITY OF CHICAGO, Defendants. Alberto Bedoya d/b/a Casanovas, Inc., Plaintiff, v. City of Chicago, Richard M. Daley, as Mayor and Commissioner of the Liquor Control Commission of the City of Chicago, Liquor Control Commission of the City of Chicago, Defendants. Club Misty Inc., d/b/a Tequila Roadhouse, Plaintiff, v. James Laski, Clerk of the City of Chicago, Board of Election Commissioners of the City of Chicago, and City of Chicago, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

February 17, 1999.

Attorney(s) appearing for the Case

J. Brian Pierce, J. Brian Pierce & Associates, Chicago, IL, James Frederick Carlson, Law Offices of James F. Carlson, Chicago, IL, for N & N Catering Company, Inc., plaintiff.

J. Brian Pierce, J. Brian Pierce & Associates, Chicago, IL, for Alberto Bedoya, plaintiff.

Michael A. Moses, Richard G Schoenstadt, Morton Siegel, James L. Webster, Siegel, Moses, Schoenstadt & Webster, P.C., Chicago, IL, for Club Misty, Inc., plaintiff.

Patrick Walter Johnson, City of Chicago, Law Department, Corporation Counsel, Chicago, IL, Ralphette Gaston Rhodes, City of Chicago, Law Department, Chicago, IL, Norma Reyes, City of Chicago, Chicago, IL, Scott A. Frey, City of Chicago, Department of Law, Chicago, IL, for James Laski, defendant.

James Michael Scanlon, James M. Scanlon & Associates, Chicago, IL, for Board of Election Commissioners of the City of Chicago, defendant.

Patrick Walter Johnson, City of Chicago, Law Dept. Corp. Counsel, Chicago, IL, Ralphette Gaston Rhodes, City of Chicago Law Dept., Chicago, IL, Michael A. Forti, Scott A. Frey, City of Chicago, Department of Law, Chicago, IL, Norma Reyes, City of Chicago, Chicago, IL, for City of Chicago, Richard M. Daley, defendants.

Patrick J. Solberg, Illinois Attorney General's Office, Chicago, IL, Patrick Walter Johnson, City of Chicago, Law Dept. Corp. Counsel, Chicago, IL, Michael A. Forti, Scott A. Frey, City of Chicago Dept. of Law, Chicago, IL, for State of Illinois Liquor Control Commission, defendant.

Patrick Walter Johnson, City of Chicago, Law Department, Corporation Counsel, Chicago, IL, Michael A. Forti, Scott A. Frey, City of Chicago, Department of Law, Chicago, IL, for James Laski, defendant.

OPINION and ORDER

NORGLE, District Judge.

Before the court are challenges to the constitutionality of the single-address local option provision of the Illinois Liquor Control Act, 235 ILCS 5/9-2 (1995). For the following reasons, those challenges brought pursuant to the federal constitution are denied. The court declines to exercise its jurisdiction over the claim attacking the Liquor Control Act on state constitutional grounds.

I. BACKGROUND...

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