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CROWLEY v. STATE

No. 12339.

268 N.W.2d 616 (1978)

Michael CROWLEY, Plaintiff and Appellant, v. STATE of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Decided August 3, 1978.

Attorney(s) appearing for the Case

Charles A. Wolsky, Vermillion, for plaintiff and appellant.

John P. Dewell, Asst. Atty. Gen., Pierre, for defendant and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

MORGAN, Justice.

This is an appeal from the trial court's decision upholding the constitutionality of SDCL 35-2-6.1, and the denial of appellant's request for a 3.2 liquor license. We affirm the decision of the trial court.

SDCL 35-2-6.1 provides in pertinent part:

No on-sale or off-sale license shall be granted under this title to operate on the campus of any state educational institution, or within two hundred yards of the outside boundary thereof...

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