YES, BEYER’S Bar is still open. A license revocation hearing Tuesday before the City Council was canceled by order of a judge. A court hearing on the matter is set for Friday afternoon. (Photo by Steve Kohnls)

Beyer’s Bar gained another reprieve Tuesday when a judge ordered the New Ulm City Council to cancel its hearing on revocation of Beyer’s liquor license.

District Court Judge Milton Mason of Mankato ordered the council to take no action on the revocation Tuesday. He set 2p.m. Friday at Mankato for a court hearing on the matter.

LESLIE ARENS and Dale Van Nurden,owners of Beyers, have filed a complaint against the city asking that the council be stopped from further action until certain requirements are met.

They want a new date set for the council revocation hearing, with 10 days written notice of the hearing given them, with that notice to fully inform owners of the reasons for revocation.

They also want the council hearing conducted in a manner to guarantee their rights.

AT THE court hearing Friday the council will have to show why the owners’ requests should not be granted.

The council heard the judge’s order read aloud at a special council meeting Tuesday. The meeting had been planned as a revocation hearing.

“Gentlemen, that’s what you call due process of law,” said Council President William Gafford. “Instead of being the plaintiffs, now we are the defendants in this case.”

THE COUNCIL’S revocation hearing had already been postponed once on May 6after Arens’ attorney said the council hadn’t given the 10 days notice of the hearing required by state law.

The attorney, Ray Krause, also objected May 6 to the lack of a list of reasons for the revocation and asked the council to supply this list before the hearing. Councilmen discussed such a list but did not include it in their final motion setting the hearing date.

City Atty. Terence Dempsey said at that meeting that the city code did not specifically require such a list of reasons but that he thought state law did contain such a requirement “either inferentially or directly.”

About 20 persons were in the audience at the council meeting Tuesday but Arens and Van Nurden were not present.

New Ulm Daily Journal

May 14, 1975