STATE EX REL. SPIRE v. STRAWBERRIES, INC.

No. 89-017.

473 N.W.2d 428 (1991)

239 Neb. 1

STATE of Nebraska ex rel. Robert M. SPIRE, Attorney General, and Ronald L. Staskiewicz, County Attorney of Douglas County, Nebraska, Appellees, v. STRAWBERRIES, INC., a Nebraska Corporation, et al., Appellants.

Supreme Court of Nebraska.

August 30, 1991.


Attorney(s) appearing for the Case

Michael J. Lehan of Kelley, Kelley & Lehan, P.C., Omaha, for appellants.

Robert M. Spire, Atty. Gen., William L. Howland, Lincoln, Ronald L. Staskiewicz, Douglas County Atty., and Michael W. Amdor, Omaha, for appellees.

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


PER CURIAM.

Strawberries, Inc., and 18 other Douglas County taverns or individuals doing business as taverns appeal a district court judgment (1) permanently enjoining them from possessing or allowing the playing of video gambling devices on their premises and (2) finding Neb.Rev.Stat. § 28-1107(2) (Reissue 1989) unconstitutional.

We hold that § 28-1107(2) violates Neb. Const. art. III, § 24, which prohibits the Legislature from authorizing...

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