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LAMPLIGHTER LOUNGE v. STATE EX REL. HEITKAMP

Civ. No. 930069.

510 N.W.2d 585 (1994)

LAMPLIGHTER LOUNGE, INC., and Rodnie Schmidt, doing business as Frontier Club, Petitioners and Appellees v. STATE of North Dakota ex rel. Heidi HEITKAMP, Attorney General, Respondent and Appellant.

Supreme Court of North Dakota.

January 5, 1994.

Attorney(s) appearing for the Case

Richard B. Thomas, Thomas Law Firm, Minot, for petitioners and appellees.

Sidney Hertz Fiergola, Asst. Atty. Gen., Atty. Gen.'s Office, Bismarck, for respondent and appellant.

VANDE WALLE, Chief Justice.

The State of North Dakota appealed from a writ of certiorari issued by the district court ordering the Attorney General to grant Lamplighter Lounge, Inc. and Rodnie Schmidt, d/b/a Frontier Club, liquor licenses for 1993. We affirm.

On December 27, 1991, Rodnie Schmidt was charged in Ward County Court with the criminal offense of gambling, in violation of section 12.1-28-02, N.D.C.C. Schmidt is the owner of Frontier Club, a liquor...

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