The Sheridan County residents who successfully challenged the licenses of the four beer stores in Whiteclay before the Nebraska Liquor Control Commission are now battling them in court. The stores closed on April 29th, the day before their old licenses expired.
The store owners successfully appealed the liquor commission denials in Lancaster County District Court, but Attorney General Doug Peterson appealed the court ruling…leaving the denials in effect until the case is heard by the State Supreme Court, which might not happen until late August.
Attorney Dave Domina, who represented the opponents before the liquor commission, on Friday asked the Supreme Court to include his clients as parties in the appeal…which he also challenged on procedural grounds.
Domina argues that the is invalid on 2 different grounds – because his clients weren’t included in it and because the district judge should have reviewed the full record before ruling against the commission. The judge called the denial “arbitrary and unreasonable,” and ruled it also violated state law and the owners’ constitutional rights.
Domina also argues that if the appeal is void, it’s too late for the store owners to file a new appeal because state law requires appeals to be filed within 30 days of the original decision.