Carbondale Liquor Control Commission v. Illinois Liquor Control Commission

615 N.E.2d 67, 245 Ill. App. 3d 973, 185 Ill. Dec. 772, 1993 Ill. App. LEXIS 856
CourtAppellate Court of Illinois
DecidedJune 11, 1993
DocketNos. 5-92-0617, 5-92-0618 cons.
StatusPublished
Cited by3 cases

This text of 615 N.E.2d 67 (Carbondale Liquor Control Commission v. Illinois Liquor Control Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carbondale Liquor Control Commission v. Illinois Liquor Control Commission, 615 N.E.2d 67, 245 Ill. App. 3d 973, 185 Ill. Dec. 772, 1993 Ill. App. LEXIS 856 (Ill. Ct. App. 1993).

Opinions

JUSTICE WELCH

delivered the opinion of the court:

Beer Barn, Inc. (Beer Bam), and Saluki Liquor, Inc. (Saluki Liquor), applied for retail package-liquor licenses in the City of Carbon-dale in 1990. The Carbondale Liquor Control Commission (Carbondale Commission) denied the licenses, and Beer Barn and Saluki Liquor appealed to the State of Illinois Liquor Control Commission, which reversed the Carbondale Commission’s decision and ordered the Carbon-dale Commission to issue retail package-liquor licenses to Beer Barn and Saluki Liquor. The Carbondale Commission filed a complaint for administrative review in the circuit court. The trial court dismissed the complaint for lack of standing, and this court affirmed. (Carbondale Liquor Control Comm’n v. Illinois Liquor Control Comm’n (1992), 227 Ill. App. 3d 71, 590 N.E.2d 1044.) Upon remand from this court, Beer Barn and Saluki Liquor again requested the Carbondale Commission to issue licenses, and the Carbondale Commission refused to do so. Beer Bam and Saluki Liquor filed a motion to enforce judgment in the circuit court. The circuit court granted the motion to enforce judgment and ordered the Carbondale Commission to issue retail package-liquor licenses to Beer Bam and Saluki Liquor. The Carbondale Commission appeals. We affirm.

The Carbondale Commission points out that the appellees’ license applications specified that they were for the period beginning July 1, 1990, and ending June 30, 1991. The Carbondale Commission submits that the licenses for which Beer Barn and Saluki Liquor applied have expired, and as a result, the instant cases were moot when the trial court granted the motion to enforce judgment.

We will first address the mootness point. Plaintiff argues that People ex rel. Cairo Turf Club, Inc. v. Taylor (1954), 2 Ill. 2d 160, 116 N.E.2d 880, is dispositive and mandates dismissal.

In Cairo Turf Club the appellee received a local license to sell liquor for the year ending December 31, 1952. The appellee applied for a State retail liquor license, which, if issued, would have expired June 30, 1953. The State Liquor Control Commission refused to issue a State license. The appellee sought a writ of mandamus against the State Liquor Control Commission. The trial court denied the writ of mandamus, but the appellate court reversed. On appeal to the Illinois Supreme Court, two issues were presented, one of which was “whether or not the matter has now become moot by reason of the fact that the license period in question has expired.” (Cairo Turf Club, 2 Ill. 2d at 163, 116 N.E.2d at 881.) The supreme court stated the general rule that “ ‘when a reviewing court has notice of facts which show that only moot questions or mere abstract propositions are involved or where the substantial questions involved in the trial court no longer exist, it will dismiss the appeal or writ of error.’ ” (Cairo Turf Club, 2 Ill. 2d at 164, 116 N.E.2d at 882, quoting People v. Redlich (1949), 402 Ill. 270, 279, 83 N.E.2d 736, 741.) The appellants argued that the question was not moot because it was one of public moment. The court rejected that argument because the case did not present the urgent necessity for authoritative determination which would warrant an exception to the general rule. Cairo Turf Club, 2 Ill. 2d at 164,116 N.E.2d at 882.

As a general rule, a case on appeal becomes moot where the issues involved in the trial court no longer exist because events occurring after the filing of the appeal render it impossible for the appellate court to grant the complaining party effectual relief. (In re a Minor (1989), 127 Ill. 2d 247, 255, 537 N.E.2d 292, 295.) However, a case which normally would be deemed moot may qualify for review if it involves a question of great public interest. (In re a Minor, 127 Ill. 2d at 257, 537 N.E.2d at 296.) To determine whether a case meets the criteria for application of the public-interest exception, we examine “the public or private nature of the question presented, the desirability of an authoritative determination for the future guidance of public officers, and the likelihood of future recurrence of the question.” (In re E.G. (1989), 133 Ill. 2d 98, 105, 549 N.E.2d 322, 325.) This case falls within the public-interest exception. The Carbondale Commission has an interest “to the end that the health, safety, and welfare of the residents of the City of Carbondale shall be protected.” (Carbondale, Ill., Revised Code §2 — 1—1 (1988).) The Carbondale Commission, Beer Barn, Saluki Liquor, and other potential liquor-license applicants have an interest in the issuance of liquor licenses. The Illinois Liquor Control Commission and the courts have an interest in seeing to it that their mandates are carried out and are not thwarted by delays and situations which may inevitably evade review. It is desirable that the Carbondale Commission, the appellees, and future liquor-license applicants receive guidance as to the resolution of the matter at bar.

Notwithstanding the public-interest exception, we note:

“[T]he challenged governmental activity in the present case is not contingent, has not evaporated or disappeared, and, by its continuing and brooding presence, casts what may well be a substantial adverse effect on the interests of the petitioning parties.” (Super Tire Engineering Co. v. MeCorkle (1974), 416 U.S. 115,122, 40 L. Ed. 2d 1, 8, 94 S. Ct. 1694,1698.)

This case involves an event of short duration which is capable of repetition, yet evading review, thus necessitating a definitive resolution. (In re a Minor, 127 Ill. 2d at 258, 537 N.E.2d at 296.) We therefore find that the cases on appeal are not moot.

Cairo Turf Club is distinguishable because we are convinced that “identical situations will occur with such frequency as to make imperative the need for a positive rule.” (See Cairo Turf Club, 2 Ill. 2d at 164, 116 N.E.2d at 882.) In the case at bar, the license period for which Beer Bam and Saluki Liquor made application expired on June 30, 1991. Beer Bam and Saluki Liquor argue that plaintiff has repeatedly utilized delay tactics which have resulted in expiration of the license period before judicial resolution. They maintain that if allowed to prevail on the mootness point, the Carbondale Commission and other liquor commissions could continue to summarily and arbitrarily deny liquor licenses without accountability to any higher authority. We refrain from pointing an accusatory finger at any party for the delays in these cases; however, given the lapse of time, the multiple appeals in these cases (this is the third appeal to this court), and the expiration of the licensing period, the merit of appellees’ argument is apparent.

The next issue is whether the trial court erred in granting the motion to enforce judgment.

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Related

County of Hamilton v. Department of Revenue
665 N.E.2d 567 (Appellate Court of Illinois, 1996)
Maybell v. Illinois Liquor Control Commission
614 N.E.2d 1370 (Appellate Court of Illinois, 1993)

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Bluebook (online)
615 N.E.2d 67, 245 Ill. App. 3d 973, 185 Ill. Dec. 772, 1993 Ill. App. LEXIS 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carbondale-liquor-control-commission-v-illinois-liquor-control-commission-illappct-1993.