No. C1-97-1215. Filed January 20, 1998. Appeal from Minnesota Department of Health, Agency File No. 12-0900-10987-2. Phillip S. Resnick, Scott J. Seiler, Resnick Seiler, P.L.L.P., (for relator Whitney's Market) Hubert H. Humphrey III, Attorney General, Wendy Willson Legge, Assistant Attorney General, (for respondent Minnesota Department of Health) Considered and decided by Lansing, Presiding Judge, Huspeni, Judge, and Willis, Judge. This opinion will be unpublished and may not be cited except as