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In a dispute between a bar and a city over a liquor license with hours restrictions, district court's conclusion that the plaintiff was likely to prevail on its due process claim and faced irreparable harm if forced to continue operating under the more limited hours restriction in granting the preliminary injunction is affirmed where: 1) plaintiff has a protected property interest in a liquor license with the same hours as other license holders in the city as nothing in the text of the ordinance suggests that the council intended to amend the hours of operation section or to exclude plaintiff from its effects; 2) plaintiff has shown that it has been deprived of that property without due process of law as it did not receive a pre-deprivation hearing or any of the other protections; and 3) district court did not abuse its discretion in its balancing of the preliminary injunction factors given the strong likelihood of success of the merits, the concrete and irreparable harm to plaintiff's outweighs any interest advanced by the city in continuing to enforce the hours limitation.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided December 16, 2009
Opinion by Flaum, Circuit Judge