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AVERITT v. CITY OF COEUR D'ALENE

No. 12947.

605 P.2d 515 (1980)

Donald AVERITT, Jr., and KJS Entertainment, Inc., a corporation, Plaintiff-Respondents, v. CITY OF COEUR D'ALENE, State of Idaho, Loren Edinger, Don Johnston, Ray Koep, Dixie Reid, Raymond Stone, Harry Fields and Russell Joki, Mayor and Council Members of the City of Coeur d'Alene, Defendant-Appellants.

Supreme Court of Idaho.

January 21, 1980.

Attorney(s) appearing for the Case

William D. McFarland, Coeur d'Alene, for defendants-appellants.

David A. Frazier, Coeur d'Alene, for plaintiffs-respondents.

BAKES, Justice.

In January, 1977, the City of Coeur d'Alene revoked plaintiff respondent Averitt's city beer license for alleged violations of the city and state regulations governing the sale of alcoholic beverages. Averitt petitioned district court to vacate the revocation order, arguing that the city had failed to notify Averitt of its intended action and had not provided Averitt with an opportunity to be heard in the matter. After a hearing, the district court...

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