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VIDEO CONSULTANTS OF NEBRASKA v. DOUGLAS

No. 84-092.

367 N.W.2d 697 (1985)

219 Neb. 868

VIDEO CONSULTANTS OF NEBRASKA, INC., a Nebraska Corporation, Appellee, v. Paul L. DOUGLAS, Attorney General, State of Nebraska, and Donald Knowles, County Attorney, County of Douglas, Nebraska, Appellants, IGT Nebraska, Inc., a Nebraska corporation, and City of Bellevue, Nebraska, a Municipal Corporation, Intervenors-Appellees.

Supreme Court of Nebraska.

May 10, 1985.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Mel Kammerlohr, Asst. Atty. Gen., and Donald L. Knowles, Douglas County Atty., for appellants.

Warren S. Zweiback and Richard A. DeWitt of Zweiback, Kasher, Flaherty & DeWitt, P.C., Omaha, for appellee.

William R. Johnson of Kennedy, Holland, DeLacy & Svoboda, Omaha, for intervenor-appellee IGT Nebraska.

John E. Rice, Bellevue, for intervenor-appellee city of Bellevue.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

Raised in this case is the question whether an electronic gaming machine, such as a video computer, is a form of lottery permitted under statutes enacted by the Nebraska Legislature in 1983 relative to gambling. At the outset we note that the Legislature, in 1984, amended the statute defining "lottery" and specified devices which do not qualify as a "lottery." The 1984 amendment states: "Lottery shall not include any gambling scheme which uses any mechanical...

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