McManus Enterprises v. Nebraska Liquor Control Commission

The Supreme Court reversed the decision of the district court affirming the Nebraska Liquor Control Commission's order cancelling Appellant's liquor license, holding that the Commission and the district court disregarded the plain language of the Commission's "disturbance rule," 237 Neb. Admin. Code ch. 6, 019.01F.The Commission found that Appellant violated the disturbance rule when it "allowed or permitted a disturbance" at an event it hosted. The district court concluded that the record supported the Commission's findings. On appeal, Appellant argued that the district court erred in agreeing with the Commission that the disturbance occurred when Appellant hosted the event because the regulation applies only where a licensee allows any unreasonable disturbance "to continue without taking the steps" as set forth in the rule. The Supreme Court affirmed, holding that the Commission and the district court ignored the words "to continue," and therefore, the decisions below did not conform to the law. View "McManus Enterprises v. Nebraska Liquor Control Commission" on Justia Law