The owners of four beer stores in Whiteclay, NE are attempting to reopen after being shut down at the end of April of this year. They are challenging the Nebraska Liquor Control Commission’s decision to close the stores down due to inadequate law enforcement in the unincorporated village of approximately eight people.
However, attorney David Domina who is representing the opponents of the store owners moved on Friday, May 26 to include the store owners as parties in an ongoing appeal of the Commission’s order to close the store from April 24. Domina also sought to have the appeal thrown out on procedural grounds.
The Nebraska Supreme Court is currently set to hear oral arguments on this case on August 29.
Domina believes that the store owner’s appeal is invalid for two reasons:
- It doesn’t include the residents of Sheridan County whose formal protests prompted the Commission’s decision.
- A Lincoln judge made a mistake when they rejected the Commission’s order without looking over the full record.
If the Supreme Court sides with Domina, he states that it may be too late for the store owners to file another challenge because state law states that these types of appeals need to be filed within 30 days of the initial decision.
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