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CAMP v. BJERKE

No. 12389.

273 N.W.2d 161 (1978)

Robert E. CAMP, in his own behalf and in behalf of all persons similarly situated, Plaintiff and Appellant, v. Ronald BJERKE, Douglas Chittick, Manley Dotson, Orrin Juel and Paul Koepsell, Individually and as City Commissioners within and for the City of Brookings, Boyce Smith, City Auditor within and for the City of Brookings, and the City of Brookings, a municipal corporation, Defendants and Respondents, and Roger A. Armstrong, Intervenor.

Supreme Court of South Dakota.

Decided December 29, 1978.

Attorney(s) appearing for the Case

Lewayne M. Erickson of Erickson & Kessler, P. C., Brookings, for plaintiff and appellant, Robert E. Camp.

Alan F. Glover of Denholm & Glover, Brookings, for defendants and respondents, Ronald Bjerke, Douglas Chittick, Manley Dotson, Orrin Juel and Paul Koepsell, Boyce Smith, City Auditor, and the City of Brookings.

Ronald C. Aho, Brookings, for intervenor.

WOLLMAN, Chief Justice.

This is an appeal from an order of the circuit court quashing an alternative writ of mandamus that sought to require the city commission to refer to a vote of the people the commission's approval of an application for a 3.2 beer license. We dismiss the appeal as moot.

On August 2, 1977, following a hearing, the Brookings City Commission (commission) approved the application of Roger Armstrong, the intervenor, for a 3.2 beer license...

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