Luke v. Mellette County

*7HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Following denial of a package (off-sale) malt beverage liquor license by the Mellette County Commission (Commission), Wendell and Mary Lou Luke (Lukes), owners of Luke’s Store, appealed the decision to the Sixth Judicial Circuit Court. On July 13, 1992, the trial court upheld the Commission, finding that it did not abuse its discretion by denying the license application due to the unsuitability of the store’s location on Indian trust land in Mellette County. On appeal, the Lukes present these issues:

I. Did the Mellette County Commission abuse its…