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Pro's Sports Bar & Grill, Inc. v. City of Country Club Hills

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ARGUED OCTOBER 29, 2009

Before FLAUM, MANION, and WOOD, Circuit Judges.

This is a dispute between a bar, Pro’s Sports Bar & Grill (“Pro’s”), and the City of Country Club Hills (the “City”) over a liquor license. Pro’s claims that it was given the standard liquor license for bars in Country Club Hills. The City claims that the bar was given a license that allows it to operate only with more restricted hours than is typical. The license initially given to Pro’s made no mention of an hours restriction. After the City reissued the license with the restricted hours and began enforcing them-without a hearing or a vote by the city council-Pro’s brought a claim against the City under 42 U.S.C. § 1983, alleging a violation of both its procedural due process rights and its right to equal protection. Pro’s then moved for a preliminary injunction prohibiting the City from enforcing the limited hours. The district court found that Pro’s was likely to prevail on its due process claim (but not its equal protection claim) and faced irreparable harm if forced to continue operating under the more limited hours.*fn1 The district courted granted the preliminary in-junction. The City appeals. For the reasons set forth below, we affirm the district court’s decision.

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