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CITY OF EVANSTON v. WHIRL INN, INC.

No. 5660.

647 P.2d 1378 (1982)

CITY OF EVANSTON, Wyoming, a municipal corporation, Appellant (Defendant), v. WHIRL INN, INC., a Wyoming corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 16, 1982.

Attorney(s) appearing for the Case

Dennis W. Lancaster and John A. Thomas of Phillips & Lancaster, P.C., Evanston, signed the brief and appeared in oral argument on behalf of appellant.

Jerome F. Statkus of Bagley, Hickey, Evans & Statkus, Cheyenne, signed the brief and appeared in oral argument on behalf of appellee.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

RAPER, Justice.

Appellant City of Evanston, while considering whether to renew appellee Whirl Inn, Inc.'s retail liquor license, decided that the license should be restricted such that the sale of alcoholic beverages would be allowed only at appellee's drive-up window. Because Evanston's decision effectively shut down appellee's lounge and disco, Whirl Inn appealed to the district court under § 12-4-104(e), W.S. 1977.1 The district...

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