Legal Opinion

Philly's v. Byrne

Court of Appeals for the Seventh Circuit

Decided April 19, 1984No. Nos. 83-1945, 83-1946PublishedCited by 1 opinion

1Opinion of the Court

POSNER, Circuit Judge.

These appeals are from the dismissal, on the defendants’ motion for summary judgment, of a suit under section 1 of the Civil Rights Act of 1871 (now 42 U.S.C. § 1983) against Chicago’s (former) mayor and liquor control commissioner. The suit was for damages and injunctive relief, and alleged that the operation of Illinois’ local-option liquor law, which so far as relevant here allows the voters in a precinct to vote the precinct “dry,” deprived the plaintiffs of property without due process of law, in violation of the Fourteenth Amendment. Other constitutional violations…

2Cases cited37 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  5. Sherbert v. VernerSupreme Court of the United States · 1963

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3Cited by1 opinion

  1. Philly's, the Original Philadelphia Cheese Steak, Inc. v. Jane M. Byrne, as Mayor and as Liquor Control Commissioner of the City of Chicago, and Illinois Liquor Control Commission, Defendant-Intervenor-Appellee. Los Farrallones, Inc., an Illinois Corporation, Jorge Aristizabal, and Nick Andrews v. Jane M. Byrne, as Mayor and as Liquor Control Commissioner of the City of Chicago, and Illinois Liquor Control Commission, Defendant-Intervenor-AppelleeCourt of Appeals for the Seventh Circuit · 1984

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