Village of Mapleton v. Cathy's Tap, Inc.

Defendants Cathy’s Tap, Inc., d/b/a Shooters (Cathy’s Tap), and Serena Kemper appeal from the trial court’s refusal to stay an action filed against them by the Village of Mapleton (Village). On appeal, Cathy’s Tap contends that the trial court abused its discretion by refusing to grant the stay in light of a suit pending in federal court in which Cathy’s Tap challenges the constitutionality of the Village ordinance under which it was charged. We agree and hold that a federal action testing the constitutionality of a new municipal ordinance and the municipality’s subsequently filed prosecution…