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M B, INC. v. CITY OF SIOUX FALLS

No. 12118.

267 N.W.2d 580 (1978)

M B, INC., a South Dakota Corporation, Respondent, v. The CITY OF SIOUX FALLS, Rick Knobe, in his capacity as Mayor of the City of Sioux Falls, Earl McCart, in his capacity as City Commissioner of Sioux Falls, and David Witte, in his capacity as City Commissioner of the City of Sioux Falls, and the City Commission of the City of Sioux Falls, Collectively, Appellants.

Supreme Court of South Dakota.

June 20, 1978.

Attorney(s) appearing for the Case

William G. Taylor, Jr., of Woods, Fuller, Shultz & Smith, Sioux Falls, for respondent.

Roger A. Schiager, Sioux Falls City Atty., Sioux Falls, for appellants.

PER CURIAM.

The issue on appeal is whether or not a resolution adopted by appellant Sioux Falls City Commission on September 2, 1975, lawfully restricted the number of retail, on-sale liquor licenses that the city could issue for calendar year 1976. The Circuit Court of the Second Judicial Circuit concluded that the resolution was ineffective and issued a peremptory writ of mandamus directing the City Commission to consider respondent M B, Inc.'s application for a...

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