Janssen v. Maxam

*257MORGAN, Justice

(on reassignment).

This appeal stems from the rejection of respondent’s application to the city council of Lake Preston for an off-sale low-point beer license. When the council rejected the application on the grounds of unsuitable location, respondent appealed to the circuit court for review arguing that the council members violated the provisions of SDCL 1-26-26 by discussing the application with constituents before the hearing. The circuit court agreed with respondent and remanded for a new hearing in accordance with SDCL 1-26. We reverse.

The South Dakota Secretary of Revenue…