Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C.

The Orchard Hill Neighborhood Association and neighborhood residents (collectively the Objectors) appealed the order of the Nebraska Liquor Control Commission (Commission) granting a liquor license to Orchard Hill Mercantile, doing business as Hamilton Outlet Tobacco' (Mercantile). On review, the district court found that under Neb. Rev. Stat. § 53-132(2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license. The court reversed the Commission’s decision, and Mercantile appeals. Because competent evidence supports the district court’s…