E.T.O., INC. v. TOWN OF MARION

No. C5-84-1234.

361 N.W.2d 91 (1985)

E.T.O., INC., d.b.a. "Fergie's Bar", petitioner, Respondent, v. TOWN OF MARION, et al., Respondents, Wendell Kuehn, et al., Appellants.

Court of Appeals of Minnesota.

Review Granted April 11, 1985.


Attorney(s) appearing for the Case

Terence L. Maus, Rochester, for E.T.O., Inc.

West, Gowan & McIntosh, Rochester, for Town of Marion.

Dingle, Suk, Wendland & Walters, Rochester, for appellants.

Heard, considered and decided by the court en banc, consisting of POPOVICH, C.J., and PARKER, FOLEY, WOZNIAK, LANSING, FORSBERG and NIERENGARTEN, JJ.


OPINION

NIERENGARTEN, Judge.

Appellants Wendell Kuehn and Mary Blomgren appeal from a judgment and writ of mandamus of the trial court. The court held that respondent Marion Town Board's rejection of the application of respondent E.T.O., Inc., d.b.a. "Fergie's Bar" for renewal of an on-sale intoxicating liquor license was void and without legal effect. The trial court also required the Town Board of Marion to meet and reconsider Fergie's application but...

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