State Ex Rel. Stenberg v. Omaha Exposition & Racing, Inc.

NATURE OF CASE

In this original action, the Attorney General (relator) asks the court to declare (1) that the conduct of “telephonic wagering” pursuant to Neb. Rev. Stat. §§ 2-1230 to 2-1242 (Reissue 1997) violates Neb. Const, art. Ill, § 24, and (2) that licenses to conduct telephonic wagering are void due to the unconstitutionality of the statutes under which they were issued. The relator also seeks to permanently enjoin the respondents from acting pursuant to licenses granted by the Nebraska State Racing Commission (Commission).

SCOPE OF REVIEW

The burden of establishing the…