Natrona Commissioners Postpone Decision on Racks Liquor License
At the Natrona County Commissioner's meeting on Tuesday, the commission decided to table discussion until September 20 on the transfer of the liquor license from CC Cowboys to Monty Elliot.
At the meeting, Stephen Winship, lawyer for Elliot in his case against CC Cowboys, and it's owner Sonny Pilcher, spoke to the commission to argue in favor of the transfer.
Winship said that due to a partial summary judgement by the 7th district court judge Dan Forgey approving the transfer of the liquor license to Elliot, the commission needed to approve the transfer.
Paul Bertoglio, chairman of the commissioners, asked Winship what Elliot plans to do with the license, to which Winship replied that he will most likely attempt to sell the license to an interested third party.
However, also in attendance was Keith Nachbar, lawyer for the company Linlog, who is currently leasing the Racks building to CC Cowboys, and has a stake in what happens to the liquor license.
Nachbar said there are numerous reasons for why the license shouldn't be transferred, from Racks going out of business if they lose their license, to the order by judge Forgey not explicitly saying the commission had to approve the transfer.
The main argument Nachbar put forth was that Arta Blake, Pilcher's sister, was never transferred ownership of CC Cowboys, which was supposed to happen while Pilcher went to prison, which would allow her to consent to the transfer of the liquor license, as she would have ownership of the company and by extension the license.
However Nachbar said that, because of various factors, Blake was never owner of CC Cowboys, and so the order transferring the license from Blake to Elliot would not make sense.
"There's one more piece of evidence that Arta doesn't have this liquor license, so this order is really nothing more than words on paper. This license as, I understand it, and Mr. Nelson can correct me if I'm wrong, this license was renewed in the name of Sonny Pilcher in March of 2021. If Arta Blake actually had this license as purported by the courts order, then it would have been renewed in her name."
Pilcher also spoke to the commission to argue against the transfer of the liquor license and said Blake never had control of CC Cowboys and thus didn't have the authority to transfer the license as stipulated in the partial summary judgement.
Winship said in response to Nachbar's claims that he had misrepresented the case and had omitted various details in the interest of overruling the court's order.
"The whole idea what is a final appeal order, I find trying to somehow make you believe that you get to get involved in that whole circumstance is something, well I'm surprised by the irony. I differ with Mr. Nachbar. I believe that was a final order that determined the rights of the Blake's and it's ownership."
Eric Nelson, the Natrona County Attorney, was able to answer some questions regarding the transfer, however there were several details he said he would need to find out before giving the commission an answer.
Because of the uncertainty surrounding the facts of the case, the commission agreed to postpone discussion to allow Nelson time to get all the facts straight regarding what the commission can and cannot do regarding judge Forgy's order.