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BAILEY v. ILLINOIS LIQUOR CONTROL COM'N

No. 1-09-3375.

938 N.E.2d 629 (2010)

Medina BAILEY, Executive Director of Nurturing Development and Learning Center, Inc., Petitioner-Appellant, v. ILLINOIS LIQUOR CONTROL COMMISSION, an Illinois State Agency; William Shaw, Local Liquor Control Commissioner of Village of Dolton; and Greenwood Liquors and Food, Inc., an Illinois Corporation, Respondents-Appellees.

Appellate Court of Illinois, First District, Third Division.

November 10, 2010.

Attorney(s) appearing for the Case

Lloyd Brooks, The Brooks Law Firm, Homewood, IL, for Petitioner-Appellant.

Irene F. Bahr, Law Office of Irene F. Bahr, Wheaton, IL, for Respondents-Appellees, Greenwood Liquors & Food, Inc.

Lisa Madigan, Attorney General State of Illinois, Michael S. Scodro, Solicitor General, Laura Wunder, Asst. Attorney General, Chicago, IL, for Respondent-Appellee, Illinois Liquor Control Commission.

Larry S. Kowalczyk, Christopher P. Keleher, Querrey & Harrow, Ltd., Chicago, IL, for Respondent-Appellee, Local Liquor Control Commissioner of Village of Dolton.

Justice MURPHY delivered the opinion of the court:

Petitioner, Medina Bailey, executive director of Nurturing Development & Learning Center, Inc. (NDLC), appeals the decision of the Illinois Liquor Control Commission (Commission) that the NDLC, a day care center that also operates a preschool, is not a "school" under section 6-11(a) of the Liquor Control Act of 1934, which prohibits the retail sale of alcohol within 100 feet of "any * * * school." 235 ILCS 5/6...

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