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Judge dismisses Elgin bar lawsuit

A Kane County judge recently dismissed a lawsuit by the Gasthaus Zur Linde bar arguing the city of Elgin's liquor control laws were in conflict with state law and, therefore, illegal.

Judge David Akemann dismissed the lawsuit in late February with prejudice, meaning it cannot be refiled by Gasthaus attorneys, according to court records.

The lawsuit stemmed from a liquor code violation in May 2013 in which Gasthaus served alcohol to a minor, who was later involved in a stabbing.

State law does not penalize bar if a fake ID was used, but the Elgin city liquor code does.

Gasthaus attorney Charles Muscarello, who did not return phone messages this week, unsuccessfully argued the city's home rule powers do not allow it to pass an ordinance that is in conflict with state law.

City of Elgin attorneys disagreed.

"In fact, as a home run community, that's exactly what the city can do," city attorneys argued in court papers. "Since the General Assembly has chosen not to limit the authority of Home Rule municipalities to enact legislation that is contrary to any of the provisions of the Liquor Control Act cited by Gasthaus, the city has the constitutional authority to do so."

Messages left with Elgin Corporation Counsel William Cogley and city Attorney Victor Filippini were not returned this week.

The Illinois Liquor Control Commission is expected to rule in the next week or two on an appeal filed by the Gasthaus related to the same violation, liquor commission spokesman Terry Horstman said.

Elgin's liquor control commission in August found the bar guilty of serving alcohol to the minor, a ruling that carries a $500 fine. The Gasthaus filed the appeal with the state in September.

The liquor control commission ruled in favor of the Gasthaus on a different charge that the bar exceeded the scope of its liquor license in March 2013 when it hosted a private birthday party in which a fight broke out.

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