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RETROACTIVE v. LIQUOR CONTROL COMMISSION

No. S-17-202.

906 N.W.2d 328 (2018)

298 Neb. 936

RETROACTIVE, INC., a Nebraska corporation, doing business as Funkytown, appellee, v. NEBRASKA LIQUOR CONTROL COMMISSION, an agency of the State of Nebraska, appellant, and City of Omaha, a political subdivision of the State of Nebraska, appellee.

Supreme Court of Nebraska.

Filed February 9, 2018.

Attorney(s) appearing for the Case

Douglas J. Peterson , Attorney General, and Milissa Johnson-Wiles for appellant.

Burke J. Harr and Justin D. Eichmann , of Houghton, Bradford & Whitted, P.C., L.L.O., for appellee Retroactive, Inc.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

INTRODUCTION

The Nebraska Liquor Control Commission (Commission) denied the issuance of a Class C liquor license to applicant Retroactive, Inc., doing business as Funkytown, for premises located in Omaha, Nebraska. Retroactive sought review in the district court, arguing that the decision of the Commission (1) was arbitrary...

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