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JANSSEN v. MAXAM

No. 12514.

289 N.W.2d 256 (1980)

Jewel JANSSEN, Plaintiff and Respondent, v. The Honorable Gorden H. MAXAM, Mayor of the City of Lake Preston; Leonard Svihel, City Auditor; W. L. Mikelson, M. R. Munson, Le Roy Koch, Donovan Laabs, and Lanny Olson, Constituting the Governing Board of the City of Lake Preston, State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 5, 1980.

Attorney(s) appearing for the Case

Thomas W. Stanton of Stanton & Fite, Brookings, for plaintiff and respondent.

Rodney J. Steele of Wilkinson & Steele, DeSmet, for defendants and appellants.

MORGAN, Justice (on reassignment).

This appeal stems from the rejection of respondent's application to the city council of Lake Preston for an off-sale low-point beer license. When the council rejected the application on the grounds of unsuitable location, respondent appealed to the circuit court for review arguing that the council members violated the provisions of SDCL 1-26-26 by discussing the application with constituents...

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