Phelps, Inc. v. City of Hastings

I cannot agree with the majority opinion in this case. There are two questions which are basic in the deter*659mination of the issues involved in this case a correct approach to either or both of which requires a decision the direct opposite of that made by the majority opinion. Only one was considered.

The question considered and determined was that of whether or not the provisions of the ordinance of the city of Hastings, Nebraska, which were brought into question are inconsistent with the provisions, of the Nebraska Liquor Control Act. If they are, then the majority opinion to the extent that…