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<br />() <br /> <br />() <br /> <br />" <br />.;lli <br />:, <br /> <br />, <br />< <br /> <br />was arbitrary. <br /> <br />13. That the Coundl would he acting arbitrarily in issuing the <br />subject license as there is no compeling reason in the interest <br />of the public good to issue such on-sale intoxicating liquor <br />license. <br /> <br />Finding number thirteen is an unwarranted conclusion of law. <br /> <br />The facts and circumstances demonstrate that Defendant's denial <br /> <br />of the on- sale liquor license was and is patently arbitrary. <br /> <br />Plaintiff has adduced substantial proof that Defendant acted <br /> <br />arbitrarily and capriciously. In addition to: <br /> <br />(1) Defendant has at all times material to this action, "mono- <br /> <br />polized" the on- sale intoxicating liquor business in the City of <br /> <br />New Brighton. <br /> <br />(2) That D~fendant has been authorized by law to issue' seven (7) <br /> <br />on-sale intoxicating ~iquor licenses pursuant to MSA 340.11 <br /> <br />Subd 5 (a). and prior to November 23. 1976 had issued none. <br /> <br />(3) The existing zoning ordinance on November 23, 1976 legally <br /> <br />permits Plaintiff's proposed restaurant and on- sale liquor license. <br /> <br />(4) That children will not have to pass Plaintiff's proposed <br /> <br />restaurant to school as all children are bused to elementary, <br /> <br />junior high. and high school. <br /> <br />(5) That the "so called II residential district north of Plaintiff's <br /> <br />property is R _ 3B under the existing zoning ordinance which permits <br /> <br />apartment buildings (one 18 unit apartment building existed <br /> <br />November 23. 1976 and still exists) and is a legitimate and intended <br /> <br />buffer to commercial or business use. <br /> <br />It is patently clear that Defendant acted arbitrarily when considering: <br /> <br />"Evidence that city had approved special ~rmits for a large <br /> <br />number of gas stations within its boundaries, many of which were <br /> <br />in near vicinity of schools, playgrounds. and residences. held <br /> <br />indicative that City acted arbitraril <br /> <br /> <br />-8- <br />