No. 07-2022.

527 F.3d 674 (2008)

Tony HANIG, Plaintiff-Appellant, v. CITY OF WINNER, South Dakota, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2008.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., argued, Shannon R. Falon, Matthew T. Tobin, on the brief, Sioux Falls, SD, for appellant.

Michael A. Henderson, argued, Sioux Falls, SD, for appellee.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

LOKEN, Chief Judge.

Tony Hanig applied to the City of Winner, South Dakota, for a liquor license for a proposed restaurant and lounge. The City Council unanimously denied the application after a public hearing at which a city building inspector advised that Hanig's site plan was inadequate and Hanig said he was not sure whether he would employ exotic dancers at the lounge. Hanig applied in state court for a writ of mandamus. The trial court denied relief, but the...

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