City of Evanston v. Whirl Inn, Inc.

RAPER, Justice.

Appellant City of Evanston, while considering whether to renew appellee Whirl Inn, Inc.’s retail liquor license, decided that the license should be restricted such that the sale of alcoholic beverages would be allowed only at appellee’s drive-up window. Because Evanston’s decision effectively shut down appellee’s lounge and disco, Whirl Inn appealed to the district court under § 12-4-104(e), W.S.1977. 1 The district court heard the appeal as a “trial de novo” as provided by § 12-4-104(f), W.S. 1977 2 and decided in Whirl Inn’s favor. The City of Evanston was then ordered to…