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Brookpark Entertainment, Inc. v. Taft

United States Court of Appeal for the Sixth Circuit

951 F.2d 710 (1991)

Relevant factsFree

Brookpark Entertainment, Inc. (Brookpark) (plaintiff) held an Ohio liquor license that had been suspended after violations, during which it sold alcohol anyway; Ohio law let voters in the establishment's precinct revoke a liquor license by referendum for such violations, and citizens placed Brookpark's license on the ballot for revocation. Brookpark sued the Ohio Secretary of State (defendant) and others, arguing the referendum-revocation statute violated its due process rights; the district court held an Ohio liquor license wasn't property under the Due Process Clause and dismissed the case, and Brookpark appealed.

IssueFree

Whether an individual holding a state license, with a claim of entitlement to its continuation under state law, has a property interest protected by the Due Process Clause.

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