Brookpark Entertainment, Inc. v. Taft
United States Court of Appeal for the Sixth Circuit
951 F.2d 710 (1991)
Brookpark Entertainment, Inc. (Brookpark) (plaintiff) operated a saloon for which it held a liquor license issued by the Ohio Department of Liquor Control (Department). The Department suspended Brookpark’s liquor license. The Department later found Brookpark sold alcohol during the suspension period in violation of Ohio liquor control laws. Ohio law allowed voters living in the same precinct as a liquor establishment to revoke the establishment’s liquor license by referendum if the establishment violated Ohio’s liquor laws. Several citizens placed Brookpark’s liquor license on the ballot. Brookpark filed suit against the Ohio Secretary of State (defendant) and others. Brookpark challenged the constitutionality of the statute allowing revocation by referendum on the ground that it violated Brookpark’s due process rights. The district court found that an Ohio liquor license was not property within the meaning of the due process clause and dismissed the case. Brookpark appealed.
Rule of Law
Holding and Reasoning (Guy, J.)
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