Nebraska supreme court makes Whiteclay judgement

Nebraska supreme court makes Whiteclay judgement

Lincoln, Neb (KGFW) – In the morning hours of Sept 29th the Nebraska Supreme Court released a ruling on a hotly controversial topic with, potentially, the fate of a town in their hands.

The Supreme court hear the appeals from the members of Whiteclay a small Nebraska Village that borders an Indian-Reservation. The town last year sold the equivalent of 3.5 million beer cans, many which are thought to have gone to residents of the reservation which has a strict no-alcohol policy.

Earlier this year the Nebraska Liquor Commission denied the renewal of the licenses for the stores in Whiteclay citing concerns over lack of law-enforcement available for the area.

The nine residents who make up the town took the case all the way up to the Nebraska Supreme Court. Part of their decision reads as such:

“Our decision today does not address the merits of the parties’
respective positions, but rests solely on jurisdictional
grounds. To obtain judicial review of an administrative agency’s
order under the APA, a party must include all “parties of record”2
from the agency proceeding. Under the Nebraska
Liquor Control Act,3
local residents who formally object to the
issuance of a liquor license (citizen objectors) are “parties of
record” in the licensure proceeding before the Commission.
In this case, when they sought review in the district court,
the retailers failed to include the citizen objectors. Thus, the
retailers did not comply with the requirements for judicial
review under the APA and the district court lacked jurisdiction
over the retailers’ petition for review. Because the district
court lacked jurisdiction, its order is void and we lack jurisdiction
over this appeal from the district court. We vacate the
district court’s order and dismiss this appeal.”

 

It is unknown if the residents of Whiteclay will continue the legal battle.