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Can a business owner sue a city for not properly being properly notified.

Badger, MN |

population: 399. Owner/operator - Liquor store. Owners right to dipute why another liquor store would hinder the owner from making a fair and reasonable living. Owner was not properly notified of meeting to disbute the city counsel's decision to allow an additional Off Sale estiblishment. The owner/operator was working a full time job and was not notified properly of meeting

Attorney Answers 1


This is a bit beyond my expertise, but I suppose it depends whether the city council had a duty to provide you actual notice. The public nature of city council meetings, particularly if an agenda is filed or published, probably serves as constructive notice. One possible wrinkle is that the council’s decision relates only indirectly to your license. Worse, the Minnesota Supreme Court has held that “under Minnesota law there is no property right in a liquor license. This court has repeatedly stated that ‘no person has a vested property right to engage in or continue to engage in the liquor business.’” Country Liquors v. City of Minneapolis, 264 N.W.2d 821 (Minn. 1978). Speak to an experienced attorney.

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