S-18 0715 Abay, LLC (Appellant) v. Nebraska Liquor Control Commission
Lancaster County District Court, Judge Darla S. Ideus
Attorneys: Michael F. Polk (Sena Polk & Stacy LLP, for Appellant) --- Douglas Peterson, Milissa Johnson-Wiles (Office of the Attorney General, for Appellee) --- William Acosta-Trejo (City Attorney’s Office, for Appellees)
Civil: Restricted Liquor License; Administrative Procedure Act
Proceedings below: The district court affirmed the Nebraska Liquor Control Commission’s grant of a restricted liquor license to Appellant.
Issues: Whether the court erred in affirming the Commission’s grant of a restricted license in that 1) the conditions posed upon Appellant exceeded the Commission’s statutory authority, 2) the finding that the issuance of Appellant’s Class D license was subject to the condition of “no single can sales and no spirits/wine sales less than .375” was arbitrary and unreasonable, and 3) the conditions and limitations imposed are vague as a matter of law.