Winther v. Village of Weippe

SMITH, Justice.

Respondents (plaintiffs), by this declaratory judgment action, seek to have adjudged invalid as to them Ordinance No. 8, enacted February 26, 1965, by the village of Weippe, the ordinance reading,

“Not more than two (2) premises shall he licensed for the retail sale of beer for consumption on the premises within the limits of the Village.”

The trial court entered judgment adjudging the ordinance to be unconstitutional and void in its application to respondents, “as a deprivation of the property of the plaintiffs [respondents] without due process of law, and as an unreasonable…