Judge Daniel Hale made a finding of law regarding the Longmont municipal code that the Colorado Supreme Court refused to overturn. Hale stated: "The Code contains schedules of permitted uses and provides that uses which are not express may be allowed through the application and granting of conditional use permits". Using this finding of law, Longmont judge Diana "Bean" VanDeHey gained conviction. Therefore, the city is required to apply the code exactly the same on everyone else including the city.

Since 1968, "liquor store" was considered more obnoxious and detrimental and was neither express nor allowed adjacent to a residential neighborhood and therefore prohibited by the code and per Hale's un-overturned finding of law, required application and granting of conditional use permits. The municipal laws were intended to be neighborhood protection standards for residential neighborhoods. The code is silent on whether such uses can locate near or adjacent to a liquor store and therefore is not express therefore, judge Hale's finding of law applies.

Enters judge "Bean" VanDeHey. In her capacity of municipal liquor licensing authority, she applied judge Hale's finding of law in reverse of how she applied in the court in order to gain conviction. Here she approved a liquor license where prohibited per municipal code and judge Hale's finding of law at 750 9 th avenue adjacent to the residential district across a residential street (Terry Street).

There is a possibility the owner(s) of the entire north ½ of the block adjacent to this liquor store could ask to develop that property into residential housing units. The code is silent on whether these residential units can be constructed within a certain distance of this liquor store and therefore, the use is NOT express and according to judge Hale's finding of law, this would require application and granting of a conditional use permits. If the city applies the laws equally, judge "Bean" VanDeHey's actions could be a significant impact on the owners' development rights.