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11/14/01 WED 15:53 FAX 6123402643 [x]003 <br /> Clay Montella, et al.,Relators, vs. City of Ottertail,Respondent. C9-01-593, Court of App.. Page 2 of 7 <br /> In this appeal from a city council's decision to deny relators' request for a liquor- <br /> . � <br /> license application., relators contend that the city's decision was arbitrary and capricious and <br /> not supported by evidence. We affirm. <br /> FACTS <br /> In 1998, relators Clay and Stacy Montella submitted an application to respondent City <br /> of Ottertail for a conditional-use permit to operate a business within the city. The application <br /> described the business as Brewster's coffeehouse and ice cream parlor and indicated that the <br /> business would serve espresso, cappuccino, cheesecakes, desserts, and hard ice cream. The <br /> application also requested permission to display lawn ornaments and indoor and outdoor <br /> pools and to operate a showroom and offices. At a meeting on rune 18, 1998, the city council <br /> orally granted the application. The parties agree that-the city cannot locate the document that <br /> states the terms of the conditional-use permit. <br /> • Early in 2001, relators contacted the city and orally requested an application for a <br /> liquor license for Brewster's. Relators later orally requested a hearing before the city council, <br /> seeking to modify their conditional-use permit to operate Brewster"s as a restaurant. Before a <br /> hearing was held, relators withdrew their later request and proceeded with their original <br /> request to obtain a liquor license application for Brewster's under the existing conditional-use <br /> permit. <br /> At a meeting on March 15, 2001, the city council addressed relators' request for a <br /> liquor-license application. The meeting minutes state: <br /> [Relators'] liquor license request was again brought up. <br /> Councilman Don Patrick expressed his concern that Brewsters, as <br /> it is now, does not fit the guidelines of a restaurant, as the original <br /> Conditional Use Permit was granted for an ice cream parlor and <br /> coffee house. Continents were made by Atty. Kent Madsen as to <br /> the state of Minnesota's definition of a restaurant and had copies <br /> of certain statutes pertaining to liquor licenses. <br /> • Atty. Krekelberg said his clients, [relators], wanted to <br /> apply for a liquor license under their old Conditional Use Permit, <br /> http://www.lawlibrary.state.mn.us/archive/ctappub/0109/c90l593.ht n 11/14/2001 <br />