Gas 'N Shop, Inc. v. City of Kearney

I. INTRODUCTION

The defendant, City of Kearney, appeals from a judgment of the district court for Buffalo County, granting the request of the petitioner, Gas ’N Shop, Inc., for a declaratory judgment and finding Kearney’s zoning ordinance requiring “separate and distinct” premises for off-sale liquor license holders unconstitutional, void, and ineffective as to the conduct of Gas ’N Shop’s business. We conclude that the findings of the district court were correct, and we affirm the judgment.

H. FACTUAL BACKGROUND

To better appreciate the true nature of the current controversy between these…