M B, Inc. v. City of Sioux Falls

The issue on appeal is whether or not a resolution adopted by appellant Sioux Falls City Commission on September 2,1975, lawfully restricted the number of retail, on-sale liquor licenses that the city could issue for calendar year 1976. The Circuit Court of the Second Judicial Circuit concluded that the resolution was ineffective and issued a peremptory writ of mandamus directing the City Commission to consider respondent M B, Inc.’s application for a retail, on-sale liquor license on the merits. We reverse.

Under the formula provided in SDCL 35-4-11, the City of Sioux Falls qualified for…