Circuit Court Rules in Favor of Community and Vacates Liquor Board Decision

Community associations must be afforded due process in all Liquor Board proceedings

On September 7, 2012, a Baltimore City Circuit Court ruled that the Baltimore Board of Liquor License Commissioners had violated the due process rights of a community association when it allowed the transfer of a liquor license without a hearing and based upon ex parte communications. The Coldstream Homestead Montebello Community Corporation, Inc. (CHM) challenged the decision by the Baltimore City Liquor Board to permit the transfer of a liquor license attached to Dew Liquors on Harford Road.  Brooke Lierman, who represented CHM and successfully argued the motion, said after the ruling, “Hopefully, this decision will send a clear message to the Liquor Board, and to those counsel appearing before it, that they cannot circumvent community associations and state laws in an attempt to push through their requests for a license or a transfer.  Community associations must be afforded due process in all liquor board proceedings.  After all, owning a liquor license is a privilege, not a right.”  The Court vacated the decision and remanded it for a new hearing.

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