Wajda v. City of Minneapolis

246 N.W.2d 455, 310 Minn. 339, 1976 Minn. LEXIS 1702
CourtSupreme Court of Minnesota
DecidedSeptember 24, 1976
Docket45986
StatusPublished
Cited by24 cases

This text of 246 N.W.2d 455 (Wajda v. City of Minneapolis) 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
Wajda v. City of Minneapolis, 246 N.W.2d 455, 310 Minn. 339, 1976 Minn. LEXIS 1702 (Mich. 1976).

Opinions

Todd, Justice.

Antoinette B. Wajda appeals from an order of the district court sustaining the action of the Minneapolis City Council denying her an. on-sale 3.2 beer1 license for premises owned by her and operated as a 3.2 tavern since 1954. The two grounds stated in support of this denial were the misconduct of former licensees while operating the tavern as tenants of Mrs. Wajda, and the unsuitability of the tavern to the neighborhood in which it was located. We reverse and remand.

Mrs. Wajda is the owner of the premises at 3658 2 1/2 Street N. E., Minneapolis. She and her late husband acquired the property in 1954 and operated a 3.2 tavern thereon under license from the city of Minneapolis for several years. After the death of Mr. Wajda in 1961, Mrs. Wajda operated the business on her own under a license issued to her in February 1962 until 1965, when she leased the premises to another licensee. This licensee and subsequent licensees continued the operation of the tavern until 1970. During this entire 16-year period, the business was operated without violation of the law.

At the time the property was acquired by the Wajdas, it was [341]*341zoned commercial. In 1963, the property was rezoned to residential but the tavern continued to operate on the premises as a nonconforming use.

In 1970, Mrs. Wajda leased the premises to one of her sons, Anthony J. Wajda, who operated the business until 1972. During his operation of the business he was charged with violating ordinances regulating the operation of nonintoxicating liquor establishments. Wajda was warned by the police license inspector’s office that if he was found guilty, his upcoming renewal application would not be approved. He therefore transferred the license to John D. Patterson, who apparently had no association with Mrs. Wajda or her son, and whose record was good.

However, during Patterson’s operation of the premises, numerous beer license violations, as well as other offenses, occurred thereon. In addition, 32 residents of the area signed a petition complaining of various nuisances, caused by the operation of the tavern and the conduct of its patrons. As a result of these violations, Patterson was called into the license inspector’s office and asked to show cause why his license should not be revoked. He told the license inspector that he was closing the bar and going out of business. On October 18, 1974, the license for these premises was picked up and returned to the license division.

Shortly after Patterson turned in his license, Mrs. Wajda, stating that she was losing money on the empty building, applied for an on-sale beer license for the premises. She stated that her brother-in-law would manage the bar and that she would assist him. She also stated that neither of her two sons would have any connection with the ownership or operation of the business. The license inspector sent notice of an intention to refuse plaintiff’s license application on January 29, 1975. On January 31, 1975, plaintiff was served with a notice of a hearing to be held (by the Consumer Services Committee of the Minneapolis City Council) on the inspector’s report and recommendations, and such hearing was held on February 12, 1975. Plaintiff was represented by counsel at the hearing. As a result of testimony at the hearing, [342]*342the committee concluded that if the license were granted, past problems on the premises would be reasonably likely to recur. In reaching this conclusion, the committee relied on its finding that plaintiff knew of the violations which had occurred during her son’s and Patterson’s operation of the premises, and her counsel’s acknowledgment that her sons might be called upon to help Mrs. Wajda to run the tavern, were she granted a. license.

The committee also concluded that the address in question was not a suitable location for an on-sale beer establishment. Fifteen neighbors appeared in opposition to the granting of the license. Some testified at the hearing that an on-sale beer establishment is not compatible with the neighborhood; that the past operation was a serious nuisance, upsetting the peace and tranquility of the entire neighborhood; and that since the closing of the business, the area has been quiet, with no recurrence of past problems. .

The trial judge determined that the committee’s conclusions were “supported by the evidence and not arbitrary, capricious or unreasonable.” In his brief memorandum accompanying his order, the judge explained his holding as follows:

“* * * The licensing authority conducted hearings giving the plaintiff adequate opportunity to be heard. The record discloses complaints involving this beer license going back over several years. Granted the plaintiff was not always the licensee but at all times material did have an interest in the premises and should, at least to some degree, be held accountable for the activities that take place at the establishment.”

The issues raised are: (1) Did the Minneapolis City Council act in an arbitrary, capricious, or unreasonable manner in denying plaintiff’s application for an on-sale beer license on the basis of the unfitness of former licensees operating at the same premises, which at all relevant times have been owned by plaintiff? (2) Did the Minneapolis City Council act in an arbitrary, capricious, or unreasonable manner in denying plaintiff's appli[343]*343cation for an on-sale beer license on the basis of a finding that the premises are in an unsuitable location for an on-sale beer establishment?

In considering these issues, we first observe, that a city council is vested with broad discretion in determining whether or not to issue or renew a 3.2 beer license, and a court’s scope of review of such a determination is a narrow one, which should be exercised most cautiously. See, generally, Khyne, Municipal Law, § 27-8; 10A Dunnell, Dig. (3 ed.) § 4911. Appellant has cited no cases, nor have we found any, where this court has reversed a decision of a legislative body denying a liquor or beer license application. Nevertheless, as is the case with all exercises of discretion by administrative agencies, the licensing authorities must not act arbitrarily or capriciously and “ [c] ports will interfere to prevent an abuse of discretionary power; and will grant relief from unreasonable, arbitrary, capricious, or fraudulent action of municipal authorities.” 2 McQuillin, Municipal Corporations (3 ed.) § 10.37.

A careful review of the facts and circumstances of this particular case has convinced us that the city council’s action in denying Mrs. Wajda’s application was so arbitrary and capricious as to necessitate our reversal, even in light of our general reluctance to overturn discretionary decisions of this type. We conclude that the record herein does not substantiate either ground cited by the city council in support of its decision as affording an adequate basis therefor.

As to the first ground for the council’s decision — the misconduct of other licensees — the record fails to disclose any permissible basis for drawing an adverse inference as to Mrs. Wajda’s ability to properly operate the tavern from the fact that others who operated the same premises did not do so responsibly. On the contrary, the undisputed fact that Mrs. Wajda competently ran the business both by herself and together with her husband for a total of 11 years, during which period there were no significant violations or complaints from neighbors, is extremely [344]

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Wajda v. City of Minneapolis
246 N.W.2d 455 (Supreme Court of Minnesota, 1976)

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Bluebook (online)
246 N.W.2d 455, 310 Minn. 339, 1976 Minn. LEXIS 1702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wajda-v-city-of-minneapolis-minn-1976.