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M.G. OIL CO. v. CITY OF RAPID CITY

No. 25613.

793 N.W.2d 816 (2011)

2011 S.D. 3

M.G. OIL COMPANY, Petitioner and Appellee, v. CITY OF RAPID CITY, Alan Hanks, in his official capacity as Mayor, Rapid City Common Council, City Council Members Deb Hadcock, in her official capacity, Ron Weifenbach, in his official capacity, Karen Gundersen Olson, in her official capacity, Patti Martinson, in her official capacity, Sam Kooiker, in his official capacity, Ron Kroeger, in his official capacity, Lloyd Lacroix, in his official capacity, Malcom Chapman, in his official capacity, Aaron Costello, in his official capacity, Bill Waugh, in his official capacity, Respondents and Appellants.

Supreme Court of South Dakota.

Decided January 26, 2011.

Attorney(s) appearing for the Case

Edward C. Carpenter , Steven C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell and Carpenter, LLP, Rapid City, South Dakota, Attorneys for petitioner and appellee.

Joel P. Landeen , Assistant City Attorney, Rapid City, South Dakota, Attorney for respondents and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] M.G. Oil Company (M.G. Oil) applied to the City of Rapid City (City) for a conditional use permit to operate a video lottery casino. The Rapid City Common Council (City Council) denied the permit. M.G. Oil next sought a writ of mandamus, seeking an order that the City Council grant M.G. Oil the permit. The circuit court issued the writ, finding that the City Council's decision to deny the permit was "unreasonable, arbitrary,...

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