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BLOCK 25 COMMITTEE v. CITY OF WALKER

No. A04-833.

690 N.W.2d 403 (2005)

BLOCK 25 COMMITTEE, et al., Respondents, v. CITY OF WALKER, Appellant.

Court of Appeals of Minnesota.

January 4, 2005.

Attorney(s) appearing for the Case

Thomas L. Fabel, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for respondents.

Jon K. Iverson, Paul D. Reuvers, Iverson Reuvers, L.L.C., Bloomington, MN, for appellant.

Considered and decided by KLAPHAKE, Presiding Judge; STONEBURNER, Judge; and HUSPENI, Judge.

OPINION

STONEBURNER, Judge.

The district court granted a declaratory judgment and injunction to respondents, prohibiting the relocation of appellant City of Walker's municipal liquor store to a historic building located within 1,000 feet of the Cass County jail, concluding that Minn.Stat. § 340A.702(6) (2002), makes the sale of liquor from that location illegal. Because we construe the statute to apply only to state institutions and not to county jails...

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