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BIBBINS v. CITY OF NEW ORLEANS

No. 2002-CA-1510.

848 So.2d 686 (2003)

Karen M. BIBBINS, d/b/a Xscape II v. The CITY OF NEW ORLEANS and the New Orleans Alcoholic Beverage Control Board.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 2003.

Attorney(s) appearing for the Case

Robert G. Harvey, Sr., Maria Del Carmen Calvo, Harvey Jacobson & Glago, New Orleans, LA, for Plaintiff/Appellant.

Robin M. Shulman, Assistant City Attorney, Albert A. Thibodeaux, Chief Deputy City Attorney, Charles L. Rice, Jr., City Attorney, New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge PATRICIA RIVET MURRAY, and Judge MICHAEL E. KIRBY).

WILLIAM H. BYRNES, III, Chief Judge.

Karen M. Bibbens d/b/a Xscape II (collectively "Club Xscape") appeals the trial court's judgment that affirmed the Alcoholic Beverage Control ("ABC") Board's decision that revoked the club's alcoholic beverage license. We reverse.

Procedural History

On June 27, 2001, the City of New Orleans ("City") filed a petition with the ABC Board to suspend or revoke the Club Xscape's permit to sell alcohol. The club...

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