Retroactive, Inc v. Nebraska Liquor Control Commission

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Retroactive, Inc v. Nebraska Liquor Control Commission

Case Number
Call Date
December 7, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0202, Retroactive, Inc., and The City of Omaha v. Nebraska Liquor Control Commission (Appellant)

District Court of Lancaster County, Hon. Darla Ideus

Attorneys: Burke J. Harr; Justin D. Eichmann (Houghton Bradford Whitted) — Milissa Johnson-Wiles (Attorney General’s Office)

Civil: application for liquor license

Proceedings Below: Following a hearing, the Nebraska Liquor Control Commission (Commission) denied the application of Retroactive, Inc. (Retroactive) for a Class “C” liquor license. Retroactive appealed the denial to the district court pursuant to the Administrative Procedures Act. The district court reversed the decision of the Commission and remanded the matter for approval of the application and issuance of the requested liquor license. The Commission appeals.

Issues: The Commission assigns that the district court erred by: (1) failing to dismiss the Petition on Appeal for lack of subject matter jurisdiction due to the failure of Retroactive to name citizen protester, David Hecker, as a necessary party to its appeal under the Administrative Procedure Act; and (2) reversing the Commission’s decision to deny Retroactive’s application for a liquor license.

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