Gas 'N Shop v. Nebraska Liquor Control

Acting in accordance with the recommendation of the appellee City of Norfolk, the appellee Nebraska Liquor Control Commission
denied the appellant Gas 'N Shop's application for a license permitting it to sell beer at retail within the city's corporate
limits for consumption away from the existing convenience store premises sought to be licensed. Upon appeal thereto by Gas
'N Shop, the district court affirmed. In its appeal to this court, Gas 'N Shop assigns as error the district court's failure
to find the commission's order to be arbitrary and capricious. We reverse and remand with direction. Gas 'N Shop initiated its appeal to the district court on March 17, 1989. Thus, for the reasons articulated in Gas ' N Shop
v. Nebraska Liquor Control Comm., 241 Neb. 898, 492 N.W.2d 7 (1992) (case No. S-90-158), released today, the commission's
claim that Gas 'N Shop should have invoked the jurisdiction of the district court of the county in which Norfolk is situated,
rather than that of the district court of Lancaster County, fails. Also, for the reasons therein enunciated, this appeal is
controlled by the substantive law applied in the aforementioned opinion, and the scope of our review is de novo on the record.