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LUKE v. MELLETTE COUNTY

No. 18138.

508 N.W.2d 6 (1993)

Wendell LUKE and Mary Lou Luke d/b/a Luke's Store, Appellants, v. MELLETTE COUNTY, South Dakota, Appellee.

Supreme Court of South Dakota.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Krista H. Clark, Dakota Plains Legal Services, Mission, for appellants.

Michael Strain, Mellette County State's Atty., White River, for appellee.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Following denial of a package (off-sale) malt beverage liquor license by the Mellette County Commission (Commission), Wendell and Mary Lou Luke (Lukes), owners of Luke's Store, appealed the decision to the Sixth Judicial Circuit Court. On July 13, 1992, the trial court upheld the Commission, finding that it did not abuse its discretion by denying the license application...

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