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STATE EX REL. STOCKER v. CITY OF LARAMIE

No. 86-296.

737 P.2d 746 (1987)

STATE of Wyoming, ex rel. Steve STOCKER, individually, and as President of Albany County Licensed Beverage Association, and Albany County Licensed Beverage Association, the Tipple Inn Restaurant, Buckhorn Bar, Crown Drive-In Liquors, Alibi Drive-In Liquors, the Gallery, Laramie Lanes & Game Rooms, the Mini Dome Mall, the Overland—a Fine Eatery, Ranger Motel Lounge & Liquor Mart, Reeds Liquors, Old Settler's Saloon, Appellants (Plaintiffs), v. CITY OF LARAMIE, Mayor Peggy Deaver, Layne Kopischka, Sam Dunnick, Dave Charleville, Hugh McGinley, Don Nagel, Julie Chavez, Tim Collins, Bruce Johnson, in their official capacity; G & B, Inc., d/b/a North Town Super Market Liquors, Robert Blake and Gary P. Englemen; D & S, A Partnership, d/b/a Justin's; State of Wyoming Liquor Commission, State of Wyoming Department of Administration and Fiscal Control, Appellees (Defendants).

Supreme Court of Wyoming.

May 29, 1987.

Attorney(s) appearing for the Case

Jerome F. Statkus of Rooney, Bagley, Hickey, Evans & Statkus, Cheyenne, for appellants (plaintiffs).

Kathleen A. Hunt, City Atty., Laramie, for appellees (defendants) City of Laramie and Laramie City Council.

C.M. Aron of Aron and Hennig, Laramie, for appellees (defendants) Blake and Englemen.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Thomas C. Bogus, Sr. Asst. Atty. Gen., for appellees (defendants) State of Wyoming Liquor Com'n and State of Wyo. Dept. of Admin. and Fiscal Control.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

Present licensees and the community dealership association contest the granting of two additional liquor licenses for new establishments which would compete with them in the Laramie, Wyoming market area, and now appeal from summary-judgment denial of their claims as presented by declaratory judgment, injunction, mandamus and prohibition. We affirm.

ISSUES

Presented are two issues, (1) the enabling statute § 12-4-101(b), W...

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