By Lori Carlson, Editor 

The attorney for Dakota Liquors said this week that he will not withdraw a motion filed in Scott County District Court seeking revocation of a recently approved liquor license for MGM Wine and Spirits.

Attorney Jim Bresnahan said he disagrees with the city attorney’s belief that the motion is procedurally improper. Last week, Mark Girouard, an attorney with Halleland Lewis Nilan and Johnson, the law firm contracted by the city, said the motion is inappropriate because appeals of licensing decisions should be brought to the Minnesota Court of Appeals, not district court.

Bresnahan, the uncle of Dakota Liquors owner Kevin Bresnahan, said he believes such appeals can be brought to district court.

“We’ll find out what the court says,” he said Wednesday.

The motion is scheduled to be brought for a hearing in Scott County District Court at 9 a.m. Thursday, Oct. 2.

The 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.

Jim Bresnahan believes Kids Count should be considered a school.

“The city made the determination that Kids Count daycare is not a school, and we disagree with that interpretation,” he said.

The motion also draws attention to state statute 340A, which 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.

Attached to the motion are supporting documents and an affidavit from Heather McCaustlin, owner of Kids Count. The council approved a MGM’s liquor license despite a request from Kevin Bresnahan and McCaustlin to deny the license.

 Lori Carlson can be reached at (952) 345-6378 or editor@plamerican.com [2]