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HARVEST HOUSE RESTAURANT v. LYNDEN

No. 50312-5.

102 Wn.2d 369 (1984)

685 P.2d 600

HARVEST HOUSE RESTAURANT, INC., ET AL, Appellants, v. THE CITY OF LYNDEN, Respondent.

The Supreme Court of Washington, En Banc.

August 16, 1984.

Attorney(s) appearing for the Case

Dennis M. Hindman, for appellants.

Simonarson, Visser, Zender, Brandt, Thurston & Miller, by Peter Jay Visser, for respondent.

Dean Brett and Rand Jack on behalf of the American Civil Liberties Union, amici curiae for appellants.

UTTER, J.

This action was brought to challenge the constitutionality of RCW 66.28.080 and Lynden city ordinance 633, § 5.04.035, each of which set some limitations on the right of persons to dance on premises licensed to serve alcoholic beverages. After we had accepted review and scheduled the action for oral argument, a motion to dismiss was filed alleging that the case is now moot. We postponed judgment on the motion pending a hearing on the merits and now...

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