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Archive for Saturday, August 6, 2005

Judge hears arguments from liquor store

August 6, 2005

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A judge heard arguments Friday but didn't make a ruling about whether the owners of Lawrence's Cork & Barrel stores deserve their day in court.

At issue is whether Dan and Jill Blomgren are following the right legal steps as they challenge a decision earlier this year by the state's Alcoholic Beverage Control to revoke their licenses.

The Blomgrens are asking District Court Judge Stephen Six to overturn the ABC's decision, which was based in part on a finding that Dan Blomgren illegally concealed an interest in a third liquor store.

But Brad Burke, an attorney representing the ABC, argued Friday that the Blomgrens don't have standing to file the lawsuit because they first were required to appeal the ABC's decision to the Secretary of Revenue.

"This court lacks jurisdiction over this appeal, and it should be dismissed," Burke said.

The Blomgrens' attorney, Dan Owen, disputed that, saying the Blomgrens weren't required to take the case to the Secretary of Revenue before filing a lawsuit.

Judge Six said he would take the case under advisement and rule later.

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