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SIOUX ASSOCIATES, INC. v. IOWA LIQUOR CONTROL COM'N

No. 51469.

132 N.W.2d 421 (1965)

SIOUX ASSOCIATES, INC., a corporation, Appellee, v. IOWA LIQUOR CONTROL COMMISSION, Ronald Carley, an Enforcement Officer of the Iowa Liquor Control Commission, and Edward F. Samore, County Attorney of Woodbury County, Iowa, Appellants.

Supreme Court of Iowa.

January 12, 1965.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen., William J. Yost, Asst. Atty. Gen., and Ray N. Berry, Asst. Woodbury County Atty., for appellants.

George F. Davis and Dewie J. Gaul, of Sifford, Wadden & Davis, Sioux City, for appellee.

THORNTON, Justice.

Plaintiff seeks a declaration of the legality of its operation of its ballroom under the Iowa Liquor Control Act as amended by the 60th General Assembly, effective July 4, 1963. Plaintiff is not a permit holder. Due to the zoning ordinance it cannot obtain a Class "B" beer permit and cannot qualify as a liquor license holder under the Liquor Control Act.

The statutes involved are section 123.42, Code of Iowa 1962, as amended by the 60th...

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