Midtown Palace, Inc. v. City of Omaha

Hastings, District Judge.

By this action, plaintiff seeks a declaratory judgment that ordinance No. 18.04.070 of the City of Omaha has been rendered void by reason of the provisions of sections 28-926.11 to 28-926.33, R. S. Supp., 1974, and to enjoin the defendant City of Omaha from instituting any proceedings against the plaintiff under the provisions of that ordinance. The trial court found that plaintiff was not entitled to any relief and ordered the petition dismissed. We affirm that judgment.

Plaintiff is a holder of a Class C liquor license issued by the Nebraska Liquor Control Commission…