Site Approval Not A Protected Property Right If It Depends On Valid Liquor License

Monday, September 09, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 9
 

An owner of a shopping center could not challenge a city’s decision to revoke its site approval for the sale of alcohol because one of the tenants had lost its liquor license.

Facts: Frey Corporation (Frey) sued the City of Peoria, Illinois after the city revoked Frey’s site approval to sell alcoholic liquors on its property. Frey owned a shopping center in Peoria that included a grocery store, Shop Rite. Shop Rite held a city-issued liquor license. However, the city revoked that license when Shop Rite’s president was caught illegally selling Viagra at the store. Subsequently, the city also revoked Frey’s site approval to sell alcohol within the entire shopping center property. Frey sued the City, alleging that the City violated its substantive and procedural due process rights by revoking its site approval. The trial court was unconvinced and granted summary judgment to the City. [..]

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