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STATE EX REL. CASEY'S v. CITY COUNCIL

No. 13685.

699 S.W.2d 775 (1985)

STATE of Missouri, ex rel. CASEY'S GENERAL STORES, INC., Relator-Appellant, v. CITY COUNCIL OF SALEM, Missouri, Mayor Clarence Inman, Ruth Mullnack, Ray Weaver, Bill Riley, Jr., Russell Weller, and Nadine Victor, City Clerk, Respondents.

Missouri Court of Appeals, Southern District, Division Three.

October 21, 1985.

Attorney(s) appearing for the Case

John S. Beeler, Houston, for relator-appellant.

Jerry L. Wilkerson, Salem, for respondents.

PREWITT, Chief Judge.

The Board of Aldermen of Salem refused to issue a liquor license to appellant because of the location of the store where the license would be exercised. The Board contended that refusal was based on a city ordinance prohibiting the issuance of a liquor license to a store "located outside the business district of the city."

Appellant brought mandamus seeking to compel the issuance of the license. After issuing a preliminary order, the...

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