DLH, Inc. v. Nebraska Liquor Control Commission

The primary issue presented in this appeal is whether the regulation defining a “disturbance” exceeds the authority granted to the Nebraska Liquor Control Commission (Commission) by the Legislature in the Nebraska Liquor Control Act, Neb. Rev. Stat. § 53-101 et seq. (Reissue 1998 & Cum. Supp. 2002). Stated more specifically, the issue is whether there is a nexus between the regulation and the sale or use of alcoholic liquors. See County Cork v. Nebraska Liquor Control Comm., 250 Neb. 456, 550 N.W.2d 913 (1996). The parties to this case have not presented us with a record on which we can base…