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SMITH v. BURLEIGH COUNTY BD. OF COMM'RS

Civil No. 970323.

578 N.W.2d 533 (1998)

1998 ND 105

Patrick J. SMITH, Appellant, v. BURLEIGH COUNTY BOARD OF COMMISSIONERS, Appellee.

Supreme Court of North Dakota.

May 20, 1998.

Attorney(s) appearing for the Case

Chad R. McCabe, of Vinje Law Firm, Bismarck, for appellant.

Patricia L. Burke, State's Attorney, Bismarck, for appellee.

NEUMANN, Justice.

[¶ 1] Patrick J. Smith appealed from an order denying his petition for a writ of mandamus to compel the Burleigh County Board of County Commissioners (the Board) to issue him a liquor license and dismissing the proceedings. We affirm.

[¶ 2] Smith applied to the Board for a liquor license in Wutzke's Subdivision. On October 3, 1996, the Board denied the application, because "the Board is not satisfied that the safety, traffic, and...

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