McCLINTOCK, Justice.
James Demos appeals from an order granting summary judgment on his complaint for a declaratory judgment. The question is whether the Board of County Commissioners is authorized by § 12-6, W.S. 1957, 1975 Cum.Supp. to issue three county retail liquor licenses within five miles of every incorporated city or town even if the five-mile zones overlap and the location of the licenses is such that more than three licenses may be within five miles...
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