By Lori Carlson, Editor 

A Scott County District Court judge stopped short of dismissing Dakota Liquors’ case against the city and MGM Wine and Spirits Thursday morning, saying he would take the case under advisement before issuing an order.

However, Judge William Macklin said he believes the Court of Appeals is the proper place to have the case heard.

Macklin said he would consider a request by Dakota Liquors attorney Jim Bresnahan to seek an advisory opinion from the state attorney general on whether Kids Count daycare can be considered a school. Part of Dakota Liquors’ argument is that the city should not have granted a liquor license to MGM because it will be located within 50 feet of the daycare, which Bresnahan said should be considered a school. The city’s ordinance prohibits liquor-related businesses from operating within 300 feet of a school or church.

In court Thursday morning, Macklin listened to arguments by Bresnahan and John Baker, an attorney for the city. An attorney for MGM Wine and Spirits also was present. Baker argued that the district court has no jurisdiction and that the motion filed by Dakota Liquors is not sufficient to start civil action, since no summons or complaint has been filed.

Bresnahan, the uncle of Dakota Liquors owner Kevin Bresnahan, said “this is the perfect case” for district court, saying the judge, as a public official, can ask for an attorney general’s opinion on the school issue.

“The city can also ask for that opinion, but they did not,” he said.

Dakota Liquors’ court motion contends that the Prior Lake City Council’s Aug. 18 approval of an off-sale liquor license for MGM violated city ordinance and state statute. The motion argues that the approval ignored the city’s rule that liquor-related business cannot be located within 300 feet of a church or school.

MGM is planning to operate in the former ABC Asian Market space in the strip mall at 14173 Commerce Ave., directly across the street from Kids Count daycare.

The motion also draws attention to state statute 340A, which Jim Bresnahan argued doesn’t define the term “schools.” In addition, Dakota Liquors and its attorney argue that the license should not have been approved because a clerk at an MGM store in Minnetonka sold alcohol to a minor in 2006.

 Lori Carlson can be reached at (952) 345-6378 or editor@plamerican.com.