November 2010

Q&H Successfully Defends Municipality's Issuance of
Liquor License

Congratulations to Christopher Keleher and Larry Kowalczyk on their recent victory on behalf of a municipality in the First District Appellate Court. The matter surrounded a day care's challenge to the issuance of a local liquor license to a retail establishment next door, but in a neighboring town. The day care argued the license was issued in violation of the Illinois Liquor Control Act's prohibition of any retail liquor establishment within 100 feet of a "school." A lengthy evidentiary hearing, consisting of several witnesses and extensive document submissions occurred before the Illinois Liquor Control Board.

Following same, the Illinois Liquor Commission ruled that the day care, who admittedly provided certain educational programs, failed to prove that they were a "school" within 100 feet of a retail liquor establishment under the Illinois Liquor Control Act. The matter then proceeded as an Administrative Review action in the chancery court, where Larry and Chris were successful in same.

Following briefing and oral arguments, the First District Appellate Court, stating this was a case of first impression, deferred to the legislature, and affirmed the Commission's decision that the petitioner failed to prove it was a "school" within 100 feet of liquor retail establishment. Of note, the decision was issued only two weeks following the oral arguments. Congratulations to Chris and Larry!

April Walkup, Jennifer Medenwald-Turiello and Christopher Keleher also won before the First District Appellate Court in a matter entitled Jane Doe v. Han et al., where the appellate court accepted Chris' arguments and affirmed the trial court's dismissal order against the University of Chicago. The court determined that the Gender Violence Act cannot be retroactively applied to alleged conduct by a defendant that occurred before the Act's effective date.

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