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BOULDER – The city of Boulder’s planning board overstepped its boundaries when it ruled that the owner of Thunderbird Burgers in the city’s University Hill neighborhood could not sell liquor after 11 p.m., a district court judge ruled last week.

The board had ruled in 2004 that the restaurant could stay open until 2 a.m. but had to stop serving alcohol at 11 p.m. Restaurant owner owner Brett Berger and his attorney, Richard Lopez, argued that only the state can regulate the hours during which liquor is served.

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