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NINE, INC. v. CITY OF BROOKINGS

No. 25635.

797 N.W.2d 73 (2011)

2011 S.D. 16

NINE, INC. d/b/a 9 Bar and Nightclub; and GDT, Inc. d/b/a Cubby's Sports Bar & Grill; and Skinner's, Inc. d/b/a Skinner's Pub, Plaintiffs and Appellees, v. CITY OF BROOKINGS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Donald M. McCarty of McCann, Ribstein & McCarty, P.C., Brookings, South Dakota, Attorneys for plaintiffs and appellees.

Michael A. Henderson , Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Appellees brought this declaratory judgment action against the City of Brookings. They challenged the method by which Brookings set the fee for new on-sale full-service restaurant alcoholic beverage operating agreements (more commonly referred to as liquor licenses). The circuit court declared the Brookings methodology invalid and enjoined its enforcement. We affirm.

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