Ellis v. Village of Bloomington, Inc.

72 N.W.2d 350, 245 Minn. 292, 1955 Minn. LEXIS 648
CourtSupreme Court of Minnesota
DecidedJuly 15, 1955
DocketNo. 36,652
StatusPublished
Cited by2 cases

This text of 72 N.W.2d 350 (Ellis v. Village of Bloomington, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellis v. Village of Bloomington, Inc., 72 N.W.2d 350, 245 Minn. 292, 1955 Minn. LEXIS 648 (Mich. 1955).

Opinion

Thomas Gallagher, Justice.

Action under M. S. A. c. 555 for a declaratory judgment determining that ordinance No. 59 of the village of Bloomington, approved December 28, 1954, and entitled “An Ordinance Establishing a [294]*294Municipal Liquor Dispensary” is invalid. After interposition of the answer of the village, a stipulation of facts was executed by the parties wherein it was agreed:

That the Village of Bloomington is a municipal corporation organized and existing under the laws of the state of Minnesota, incorporated April 8,1958; that prior to that date the identical area now within its limits was an organized town known as the Town of Bloomington; that the federal census of 1950 showed said town had a population of 9,902 persons.

That the census required by state laws for incorporation purposes established a population of 12,643 inhabitants within such limits as of April 8,1953.

That pursuant to Minnesota statutes controlling apportionment to cigarette and liquor taxes the state auditor has at all times apportioned such taxes to the village on the basis of the incorporation rather than the federal census.

That on December 28, 1954, preparatory to establishing and operating a municipal liquor dispensary, the village adopted ordinance No. 59 entitled “An Ordinance Establishing a Municipal Liquor Dispensary.”

That plaintiff, Aleck E. Ellis, is a resident taxpayer of the village and operates a restaurant therein known as “Smoky Point”; that upon council approval he would be eligible for a license to sell intoxicating liquors within the village in the event private licenses for such purposes were authorized.

Subsequently, J ohn E. Bridell, individually and on behalf of the taxpayers of the village, intervened in the action in support of the validity of the ordinance. Shortly thereafter, on the pleadings and stipulation of facts described, plaintiff and the village each moved for summary judgment under Eule 56.01 of Eules of Civil Procedure, the intervener joining the village in its motion. On March 16, 1955, the trial court made findings and ordered summary judgment upholding the validity of the ordinance. This is an appeal from such judgment.

[295]*295The ordinance provides for the establishment of a municipally owned “off sale” liquor dispensary effective April 8, 1955,2 and it is agreed by all parties that its validity is dependent upon construction of M. S. A. 340.11, subd. 10, which authorizes the establishment of municipally owned “On sale” or “Off sale” liquor dispensaries in villages of not more than 10,000 inhabitants. This section provides:

“ 'On sale’ licenses may be issued for the sale of intoxicating liquors in hotels, clubs, restaurants and establishments for the sale of 'On sale’ liquors exclusively in cities of the first, second, and third class and villages of over 10,000 inhabitants, * * *. Such licenses may be issued in cities of the fourth class, and other villages and boroughs for such sale of intoxicating liquor in hotels, clubs or exclusive liquor stores, which exclusive liquor stores the governing body of such municipalities may establish or permit to be established for dispensation of liquor either 'On sale’ or 'Off sale,’ or both.” (Italics supplied.)

Under § 340.353, provision is made for continuance of such municipally owned dispensaries after the “effective date of the census by which such municipality exceeds 10,000 in population” provided that, within one year therefrom, a majority of the voters therein at a general or special election shall have voted in favor of such continuance.

Section 412.011, subd. 2, the census provisions of which had their origin in enactments existing long prior to § 340.11, subd. 10, requires a new census showing residential buildings and number of inhabitants within an area proposed to be incorporated as a village as a basis for such incorporation. It is further provided therein that such census be attached to the petition for incorporation with a verification of the census takers declaring the truth and accuracy of the census and setting forth the dates upon which it was taken. Such a census was taken here and, as indicated above, revealed that as. of the date of incorporation the village would commence its existence as a corporate entity with a population of 12,643.

[296]*296Defendant village asserts that, because of the absence of any definition of the terms “population” or “inhabitants” as used in the liquor control act (§§ 840.07 to 340.40), the definition of such terms set forth in § 645.44, subd. 8, must be applied; and that thereunder the township’s population of 9,902 inhabitants disclosed by the 1950 federal census would authorize the new village to establish a municipal liquor dispensary notwithstanding that its incorporation census taken in compliance with the provisions of § 412.011, subd. 2, established its population at 12,643 inhabitants, or 2,643 inhabitants in excess of the 10,000 limitation specified in § 340.11, subd. 10. Section 645.44, subd. 8, provides:

“The following words, terms, and phrases used in Minnesota Statutes * * * shall have the meanings given them in this section, wnless another intention clearly appears.
« « » # #
“Subd. 8. When used in reference to population, ‘population’ and ‘inhabitants’ mean that shown by the last preceding census, state or United States, unless otherwise expressly provided.” (Italics supplied.)

Plaintiff contends that, since there is no requirement in § 340.11, subd. 10, that the last federal census is to govern its application to villages formed in an interim between two decennial federal censuses3 and since there is a statutory requirement (§ 412.011, subd. 2) for a special census of such villages at the time of their incorporation, it was intended that until the next state or federal census the latter should govern their classifications.

Our primary function here, of course, is to ascertain and give effect to the legislative intent with reference to the establishment of municipally owned liquor stores. That the legislature intended to limit such stores to cities of the fourth class and to villages of not more than 10,000 population is clear from the language of § 340.11, subd. 10, and from our decision in Arens v. Village of Rogers, 240 [297]*297Minn. 386, 397, 61 N. W. (2d) 508, 516, appeal dismissed, 347 U. S. 949, 74 S. Ct. 680, 98 L. ed. 1096, where it was stated:

* * Our task is not to appraise the desirability of what the legislature has done nor to decide what classification, if any, is the best, but is rather to determine whether there is any reasonable basis or justification for the classification adopted by the legislature. We are of the opinion that such a basis exists here. The legislature might reasonably have determined that facilities of the larger municipalities for policing private liquor establishments were likely to be more adequate than those of the smaller communities. As we recently stated in Cleveland v. County of Rice, 238 Minn. 180, 186, 56 N. W. (2d) 641, 645:
“ * * In the case of liquor regulations, classification of areas on the basis of the amount of police supervision in the areas is common.’

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Bluebook (online)
72 N.W.2d 350, 245 Minn. 292, 1955 Minn. LEXIS 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-village-of-bloomington-inc-minn-1955.