B & R Stores, Inc. v. Nebraska Liquor Control Commission

Based on the recommendation of appellant City of Lincoln (Lincoln), appellee B & R Stores, Inc. (B & R) was denied four liquor licenses by appellee-cross-appellant Nebraska Liquor Control Commission (commission). Because Lincoln filed the first notice of appeal in the district court, the commission is an appellee and cross-appellant. See Neb. Ct. R. of Prac. 1C and IE (rev. 1992). The district court reversed the commission, ordering it to issue the four licenses. We affirm.

B & R’s application process occurred during the same “window” period discussed in Hy-Vee Food Stores v. Nebraska Liquor…