RUSSELL v. TETON CITY

No. 13372.

630 P.2d 140 (1981)

102 Idaho 348

Larry RUSSELL and Marla Russell, dba Russell's Junction; Yvonne Maupin, dba Teton Mercantile; Jessie June Laverdure, dba June's Club Cigar Store, Plaintiffs-Appellants, v. TETON CITY, a political subdivision of the State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

June 9, 1981.


Attorney(s) appearing for the Case

Franklin N. Smith, Jr., of Albaugh, Smith, Pike & Martin, Idaho Falls, for plaintiffs-appellants.

Gordon S. Thatcher, of Rigby, Thatcher, Andrus, Barton & Walters, Rexburg, for defendant-respondent.


BAKES, Chief Justice.

In December of 1978, the City of Teton enacted an ordinance banning all beer sales on Sundays. Prior to this time, only the sale of packaged beer for off-premises consumption was permitted on Sunday.

On March 6, 1979, the proprietors of three retail establishments filed a complaint requesting a writ of prohibition, injunctive relief, declaratory relief, and damages for (inverse) condemnation. Substantively, the plaintiffs mounted...

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