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HANIG v. CITY OF WINNER

No. 23208.

692 N.W.2d 202 (2005)

2005 SD 10

Tony HANIG, Plaintiff and Appellant, v. CITY OF WINNER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 19, 2005.

Attorney(s) appearing for the Case

George F. Johnson of Johnson, Eklund, Gregory, South Dakota, Attorneys for plaintiff and appellant.

Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Hanig's application for the renewal of his liquor license was denied by the City of Winner. Hanig believed the public hearing on the matter was conducted improperly, and he petitioned the trial court for a writ of mandamus to compel the Winner City Council to give him a fair and impartial hearing. The writ was denied on summary judgment. We reverse.

FACTS

[¶ 2.] Hanig had leased and operated the "Peacock Bar...

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