Legal Opinion

Nine, Inc. v. City of Brookings

South Dakota Supreme Court

Decided April 20, 2011No. 25635PublishedCited by 1 opinion

1Opinion of the Court

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.

Facts and Procedural History

[¶2.] Appellees own and operate private bar and/or restaurant businesses in Brookings. These businesses are authorized to sell alcoholic beverages under operating agreements with…

2Cases cited3 opinions

  1. Ellis v. City of YanktonSouth Dakota Supreme Court · 1995
  2. In Re Farmers State Bank of ViborgSouth Dakota Supreme Court · 1991
  3. Perdue, Inc. v. RoundsSouth Dakota Supreme Court · 2010

3Cited by1 opinion

  1. Kendall v. John Morrell & Co.South Dakota Supreme Court · 2012

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