Leon Olsen has failed in his courtroom attemp to force the city to issue him beer and licenses for the former Beyers’ Bar.

A district judge, in a decision received Friday upheld New Ulm city fathers in their Olsen’s license applications for his establish ment at 121 S. Valley.

Olsen had taken the City Council, mayor police chief to court after the licenses were dnied in June.

DISTRICT JUDGE Walter Mann said in the decision that the councilmen, mayor and police chief are “responsible to the people of the community they represent.

“They should not be deemed to have acted arbitrarily or unreasonably when they attempt to reduce or eliminate events which have occurred within the community which have caused real concern,” the judge stated.

“If in their judgment this can be accomplished by at least temporarily eliminating the sale of 3.2 beer and the consumption of intoxicating liquors on the premises involved, the courts should not interefere,” he said.

THE LOCATION, as Beyer’s Bar had been the scene of illegal conduct and a source of complaint from neighbors and others in the community, Judge Mann noted.

He said the council had wanted a cooling off period to minimize the likelihood that the “same groups of undisciplined persons would again frequent such premises.”

Mann said it was his opinion that the city fathers “weighed those factors which, as representatives of the City of New Ulm, were reasonable to consider, and having considered them, were legally justified in denying Olsen’s application.”

He noted Olsen bought and remodeled the premises before asking city officials if he would be able to get the licenses he wanted.

“IT IS well established that courts should not interfere with the legislative authority unless there is a clear abuse of such authority,” he said, citing the separation of powers doctrine and check and balance system of our government.

He said the court has the responsibility to examine the action taken by the city officials “to determine whether the authority given to them has been abused or whether there has been a failure to exercise the authority given to them.”He found there had not been such abuse.

—

The City Council ‘should not be deemed to have acted ar-bitrarily…when they attempt to reduce or eliminate events which have occurred within the community which have caused real concern.’

—

PATRICK MORIARTY, lawyer for Olsen, said his client’s plans are not firmed up yet.

The district court decision could be appealed to the state supreme court but Moriarty said he didn’t know if Olsen wanted to do that.

“They are very disappointed,” he said of Olsen and his associates. “They still would like the council to give every consideration to giving them the licenses.”

Moriarty said the location has now had a three-month cooling off period and that Olsen has been operating his business, The Entertainer, without creating any problems.

Some council members had said they would reconsider the license issuance if Olsen operated the establishment without beer or setup licenses and without problems or complaints for a cooling-off period.

New Ulm Daily Journal

August 31, 1975