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RANDALL'S-YANKTON, INC. v. RANNEY

No. 10196.

134 N.W.2d 297 (1965)

RANDALL'S-YANKTON, INC., a South Dakota Corporation, Plaintiff and Appellant, v. The Honorable B. RANNEY, Mayor of the City of Yankton; Francis Hoag, City Manager of the City of Yankton; Anna Goetz, City Auditor; W. Flint, Bob Jones, H. Kohoutek, Ronald Clem, W. O. Bicknell, H. D. Perry, and W. E. Osborn, constituting the Board of Councilmen of the City of Yankton, State of South Dakota, a Municipal Corporation, Defendants and Respondents.

Supreme Court of South Dakota.

April 8, 1965.

Attorney(s) appearing for the Case

Churchill, Sauer & Manolis, George N. Manolis, Huron, for plaintiff and appellant.

James Goetz, City Atty., Yankton, for defendants and respondents.

LUND, Circuit Judge.

Plaintiff corporation, as the owner and operator of a Super Market in the City of Yankton, filed an application for Class "C" nonintoxicating beer license with the Yankton City Commission. A public hearing on said application was had before the City Commission, at the conclusion of which the board refused to approve the application and endorsed thereon the following reasons for such refusal:

"Denied on the ground that the proposed location...

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