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City of Omaha v. C.A. Howell, Inc.

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Tuesday, January 22, 2013

A-11-1116, City of Omaha (Appellant) v. C.A. Howell, Inc.


Lancaster County, District Court Judge Karen B. Flowers


Attorney for Appellant:  Thomas Mumgaard (Omaha City Attorney’s Office)


Attorney for Appellee:  Michael L. Lazer and Kevin J. McCoy (Smith, Gardner, Slusky, Lazer, Phoren & Rogers, LLP) and Jon Bruning and Milissa Johnson-Wiles (Attorney General’s Office)


Civil Action:  Appeal from the Administrative Procedures Act


Action Taken by Trial Court:  The district court affirmed the Nebraska Liquor Commission’s issuance of a liquor license to the appellee C.A. Howell.


Assignments of Error on Appeal:  The appellant assigns that the district court erred by affirming the Commission’s granting of the liquor license because the license was granted under an unlawful and unauthorized purpose, and in finding that Howell met its burden of showing the statutory standards necessary to obtain a liquor license.


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