Cass County District Court File No. C2031236.
Considered and decided by Klaphake, Presiding Judge; Stoneburner, Judge; and Huspeni, Judge.*fn1
Minn. Stat. § 340A.702(6) (2002), which makes it a gross misdemeanor to sell intoxicating liquor within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution under the supervision and control, in whole or in part, of the Commissioner of Human Services or the Commissioner of Corrections, does not apply to sales within 1,000 feet of a county jail.
The opinion of the court was delivered by: Stoneburner, Judge
The district court granted a declaratory judgment and injunction to respondents, prohibiting the relocation of appellant City of Walker's municipal liquor store to a historic building located within 1,000 feet of the Cass County jail, concluding that Minn. Stat. § 340A.702(6) (2002), makes the sale of liquor from that location illegal. Because we construe the statute to apply only to state institutions and not to county jails, we reverse.
Respondents, an organization of Walker-area citizens and several of its individual members, sought a declaratory judgment from the district court that Minn. Stat. § 340A.702(6) (2002), criminalizes liquor sales within 1,000 feet of a county jail and an injunction prohibiting appellant City of Walker from expending taxpayer funds to move its municipal liquor store to a historic building located within 1,000 feet of the Cass County jail. The district court granted summary judgment to respondents, finding that Minn. Stat. § 340A.702(6), applies to the Cass County jail, and therefore prohibits the use of the proposed relocation site as a liquor store and the expenditure of taxpayers' funds for the relocation. This appeal followed.
Does Minn. Stat. § 340A.702(6) (2002), criminalize liquor sales within 1,000 feet of a county jail?
"On appeal from a summary judgment based on the application of statutory language to undisputed facts, we exercise independent review to determine whether the district court erred in applying the statute." Occhino v. Grover, 640 N.W.2d 357, 359 (Minn. App. 2002). "The fundamental rule of statutory construction is to look first to the specific statutory language and be guided by its natural and most obvious meaning." State v. Nelson, 671 N.W.2d 586, 589 (Minn. App. 2003). "If, on its face and as ...