M.G. Oil Co. v. City of Rapid City

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, capricious and an abuse of discretion.” The City appeals.

FACTS

[¶ 2.] M.G. Oil filed a petition for a conditional use 1 permit to operate…