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MICKELSEN v. CITY OF REXBURG

No. 12979.

612 P.2d 542 (1980)

101 Idaho 305

Darwin MICKELSEN, Plaintiff-Appellant, v. CITY OF REXBURG, Idaho, a Municipal Corporation, John Porter, Mayor, and Nile Boyle, Morgan Garner, Barton Jensen, Norman Holman, Warren Porter, and Darlene Blackburn, as Council of the City of Rexburg, Idaho, Defendants-Respondents, v. Allen BYINGTON, Stephanie Byington, Garrett E. Case, Gale J. Case, Earl J. Gardner, Joseph F. Rytting, Edna R. Rytting, Kenneth Wagoner, and Laura Wagoner, Intervenors-Respondents.

Supreme Court of Idaho.

June 6, 1980.

Attorney(s) appearing for the Case

Breck H. Barton of Rigby, Thatcher, Andrus, Barton & Walters, P.A., Rexburg, for plaintiff-appellant.

J.D. Hancock, of Smith, Hancock & Moss, Rexburg, for defendants-respondents City of Rexburg and Rexburg City Council.

J. Kent Jolley, Rexburg, for respondents-intervenors.

McFADDEN, Justice.

Plaintiff-appellant Darwin Mickelsen applied to Defendant-respondent City of Rexburg, Idaho, for a license to sell draught, bottled or canned beer for on-premises consumption in Rexburg. After his application was denied, Mickelsen filed his petition for a writ of mandate with the district court to compel the council to issue the license. Trial was held, and Mickelsen's petition was denied. Mickelsen appeals from this denial.

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