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NORTH SHEFFIELD, INC. v. CITY OF CHICAGO

No. 85-1650.

144 Ill. App.3d 913 (1986)

494 N.E.2d 711

NORTH SHEFFIELD, INC., et al., Plaintiffs-Appellees, v. THE CITY OF CHICAGO et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 30, 1986.

Attorney(s) appearing for the Case

James D. Montgomery, Corporation Counsel, of Chicago (Mary K. Rochford and Ruth M. Moscovitch, Assistant Corporation Counsel, of counsel), for appellant city of Chicago.

Morton Siegel, Michael A. Moses, Richard G. Schoenstadt and James L. Webster, all of Siegel, Moses & Schoenstadt, of Chicago, for appellee North Sheffield, Inc.

George W. Keeley, of Halfpenny, Hahn & Roche, of Chicago (Halfpenny, Hahn & Roche, of counsel), for intervenors Illinois Retail Liquor Association, et al.

Lawrence J. Suffredin, Jr., of Simon & Spitalli, of Chicago (Simon & Spitalli, of counsel), for intervenors Illinois Restaurant Association, et al.

Order affirmed.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This appeal is from an order declaring the Chicago Alcoholic Beverage Tax Ordinance (Chicago Municipal Code sec. 200.5 et seq. (1984)), unconstitutional and enjoining its enforcement.

On December 31, 1984, pursuant to the home rule powers conferred by section 6(a) of article VII of the 1970 Illinois Constitution (Ill. Const. 1970, art. VII, sec. 6(a)), the Chicago...

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