Davenport is appealing a court decision that overturned the city’s denial of a liquor license and cabaret license for the Chorus Line.
The city filed a writ of certiorari, or a request for review, by the Iowa Supreme Court. Mike Meloy, who is representing the owners of the Chorus Line, said Monday he intends to file a motion to dismiss the actions.
Meloy sought to have the club’s liquor license application on the city council’s committee-of-the-whole agenda Wednesday.
The city also requested a stay on the district court decision. The writ and request for stay were mailed last Wednesday.
In two rulings issued March 1, Scott County District Judge Marlita Greve upheld the Chorus Line attorney’s contention that City Administrator Craig Malin acted with bias when he denied the club’s cabaret license. She also again upheld the clubs “nonconforming legal use” at least until a final decision can be made on whether it should be granted the cabaret license to open at 4128 Brady St. and again ordered that the club’s liquor license application move forward for consideration to the Davenport City Council.
Davenport city attorney Tom Warner did not return calls for comment Monday.
The city rejected the cabaret license application, citing the opening of Dr. John’s Lingerie Boutique in the same building as the shuttered Chorus Line club. City code prohibits more than one adult establishment from occupying the same lot. The liquor license application was denied administratively because carry-out liquor permits are not allowed in the North Brady Urban Renewal corridor, the city said.
In her initial ruling on the cabaret license injunction, Greve said Malin showed “actual bias” in his role as a hearing officer on the cabaret case and should have recused himself.