Olesen v. Town (City) of Hurley
South Dakota Supreme Court
2004 S.D. 136, 691 N.W.2d 324 (2004)
- Written by Galina Abdel Aziz , JD
Facts
The Olesens (plaintiffs) owned Little Philly’s Cafe (cafe) in Hurley, South Dakota (city) (defendant). The city owned and operated the Hurley Municipal Bar, which was the only other food-service establishment in the city. The bar served alcohol, but the cafe did not. In 1995, the city introduced full-course meals, including steaks, salads, potatoes, and hot sandwiches, to its menu. This was a significant departure from its past menu, which included chips and snacks.
Rule of Law
Issue
Holding and Reasoning (Eckrich, J.)
Dissent (Gilbertson, J.)
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