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Bar owners have 3 weeks to refile their case against city

Judge throws out most of lawsuit against Cal City

Judge throws out most of lawsuit against Cal City
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CHICAGO | A Cook County judge Thursday dismissed four of the five claims in an ongoing lawsuit filed against Calumet City by a group of its bar owners.

Judge Peter A. Flynn's ruling gave the Calumet City Liquor License Owners Association three weeks to refile an amended complaint based on one remaining allegation -- that as a consequence of reducing the hours a bar can operate, the city has devalued the properties in order to acquire them, said Daniel G. Austin, an attorney for the owners association.

The decision was not a defeat and his clients plan to refile the case by the Feb. 28 status hearing, Austin said.

"What the judge said was he wanted us to give more facts, which is not unusual in litigation," Austin said.

The lawsuit stems from the City Council's approval in May of an ordinance that shortened the hours a bar is allowed to operate.

According to the ordinance, establishments with Class B licenses are required to close at midnight. Class E businesses, which allow entertainment and alcohol sales, are allowed to stay open until 2 a.m.

"The courts have acknowledged the authority and ability of the town to enact ordinances addressing the adverse effects that these types of establishments generate," Calumet City attorney Mark Sterk said. "I was confident that the city acted in accordance with the law and equally confident the trial court would recognize that the town's actions were consistent with the Liquor Control Act and case law."

Flynn's ruling eliminated the need for hearings Monday and Wednesday in Chicago.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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