Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cahokia Sportservice v. Liquor Control Com.

OCTOBER 8, 1975.

CAHOKIA SPORTSERVICE, INC., ET AL., PLAINTIFFS-APPELLEES,

v.

ILLINOIS LIQUOR CONTROL COMMISSION, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of St. Clair County; the Hon. F.P. SCHUMAN, Judge, presiding.

MR. PRESIDING JUSTICE JONES DELIVERED THE OPINION OF THE COURT:

This is an interlocutory appeal taken by defendant, Illinois Liquor Control Commission, from a denial of defendant's motion to dissolve a stay order issued by the circuit court of St. Clair County on April 25. 1975, and from a denial of defendant's motion to strike and dismiss plaintiffs' complaint for administrative review. Defendant raises two issues: (1) whether the court abused its discretion by refusing to apply the "clean hands" doctrine to dissolve the stay order and to strike the complaint, and (2) whether plaintiffs' complaint was insufficient to state a cause of action entitling plaintiffs to any injunctive relief whatsoever.

Before beginning our discussion of this case we wish to point out that in both the brief for the appellant and the brief for the appellees citations were made to abstract opinions of the courts of this State. Neither side, however, included in its brief a copy of the abstract opinions cited. We therefore remind these parties and all other parties who come before this court that Rule 8 of the Uniform Appellate Rules (Ill. Rev. Stat., ch. 110A, § 908) provides:

"The opinions of the Illinois Appellate Court which have been published in abstract form only, shall not be cited in the briefs of litigants unless the entire text of said abstract opinion is appended to the brief."

This unambiguous Rule is for the convenience of the court as well as that of the opposing party and should be complied with.

Plaintiffs, Cahokia Sportservice, Inc., Chicago Sportservice, Inc., Illinois Sportservice, Inc., and Maywood Sportservice, Inc., have each held licenses issued by the Illinois Liquor Control Commission for several years. Each of these corporations is part of a large, interrelated system of wholly owned subsidiaries or sub-subsidiaries of which Sportsystems Corporation is the parent corporation.

Prior to the organization of Sportsystems in 1970 or 1971 this system of corporations was organized under the parent Emprise Corporation. On July 10, 1972 Emprise was convicted in the United States District Court for the Central District of California for its 1966 violations of 18 U.S.C. §§ 371 and 1952. The conviction was affirmed by the Ninth Circuit Court of Appeals (500 F.2d 856) and certiorari was subsequently denied by the United States Supreme Court (419 U.S. 1120).

Because of the conviction of Emprise in the Federal district court, and a few other matters we need not concern ourselves with here, the Illinois Liquor Control Commission on July 18, 1973, sent Cahokia Sportservice a citation and notice of hearing to show cause why its Illinois license (which was not to expire until April 30, 1974) should not be revoked. The hearing was scheduled to be held on August 28, 1973.

The primary reason for the citation and notice of hearing sent to Cahokia Sportservice are the provisions of the Illinois Liquor Control Act found in Ill. Rev. Stat., ch. 43, § 120(2), (4), (8), and (10), which state:

"No license of any kind issued by the State Commission or any local commission shall be issued to:

(2) A person who is not of good character and reputation in the community in which he resides;

(4) A person who has been convicted of a felony under any Federal or State law, if the Commission determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;

(8) A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;

(10) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.