Knoob Enterprises v. The City of Carbondale

Illinois Appellate Court
Civil Court
Liquor Control Act
Citation
Case Number: 
No. 5-09-0621
Decision Date: 
Monday, March 21, 2011
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Reversed and remanded.
Justice: 
GOLDENHERSH
(Court opinion corrected 3/28/11.) City police officer closed bar in early morning hours for failure to have a valid license. Later that same day bar sued City, Liquor Control Commission, and Police Department. Court granted TRO and awarded damages incurred as a result of closing of bar, and three months later entered order dismissing complaint. Plaintiff was entitled to automatic stay, as Section 7-9 of Liquor Control Act allowing stay applies to an order having the effect of revocation and to denial of renewal application. Defendant should have been provided notice and opportunity to address the other issues raised by complaint, to make arguments for limiting damages including per Tort Immunity Act. (WELCH and DONOVAN, concurring.)