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WINTHER v. VILLAGE OF WEIPPE

No. 9933.

430 P.2d 689 (1967)

Corey WINTHER and Ellen Winther, husband and wife, Plaintiffs-Respondents, v. VILLAGE OF WEIPPE, a municipal corporation of the State of Idaho, W. H. Durant, Chairman; and Jess Johnstun, Louis E. Snyder, Robert D. Sharp, and Elwin L. Hutchins, members of the Board of Trustees of the Village of Weippe, a municipal corporation of the State of Idaho, Defendants-Appellants.

Supreme Court of Idaho.

July 31, 1967.

Attorney(s) appearing for the Case

Ware, Stellmon & O'Connell, Lewiston, for appellants.

Jerry V. Smith, Lewiston, for respondents.

SMITH, Justice

Respondents (plaintiffs), by this declaratory judgment action, seek to have adjudged invalid as to them Ordinance No. 8, enacted February 26, 1965, by the village of Weippe, the ordinance reading,

"Not more than two (2) premises shall be licensed for the retail sale of beer for consumption on the premises within the limits of the Village."

The trial court entered judgment adjudging the ordinance...

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