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JAYHAWK CAFE v. COLO. SPRINGS LIQ. AND BEER LICENSING BD.

No. 05CA0508.

165 P.3d 821 (2006)

JAYHAWK CAFE, a Colorado limited liability company, Plaintiff-Appellee and Cross-Appellant, v. COLORADO SPRINGS LIQUOR AND BEER LICENSING BOARD, City of Colorado Springs, Colorado, a municipal corporation, Lee McRae, Edward Pine, Robert Keel, Michael Nemeth, Michael Nestor, Charles Stephens, Luke Travins and Kathryn M. Young, city clerk, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Division VI.

Rehearing Denied February 8, 2007.

Certiorari Denied August 27, 2007.

Attorney(s) appearing for the Case

David H. Zook, Colorado Springs, Colorado, for Plaintiff-Appellee and Cross-Appellant.

Patricia K. Kelly, City Attorney, Jan H. Crosby, Assistant City Attorney, Michael J. Curran, Assistant City Attorney, Colorado Springs, Colorado, for Defendants-Appellants and Cross-Appellee.

Opinion by Judge CARPARELLI.

In this action for judicial review pursuant to C.R.C.P. 106(a)(4) concerning denial of an application to transfer a liquor license, the Colorado Springs Liquor and Beer Licensing Board appeals the district court's judgment vacating the Board's decision and remanding the matter to the Board for the appointment of a special hearing officer. The applicant, Jayhawk Cafe, LLC, cross-appeals the district court's judgment denying its remaining...

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