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B & R STORES, INC. v. CITY OF LINCOLN

Nos. S-91-1106, S-91-1107.

511 N.W.2d 101 (1994)

245 Neb. 76

B & R STORES, INC., A Nebraska Corporation, Doing Business As B & R IGA, Appellee, v. CITY OF LINCOLN, Nebraska, Appellant. B & R STORES, INC., A Nebraska Corporation, Doing Business As Super Saver II, Appellee, v. CITY OF LINCOLN, Nebraska, Appellant.

Supreme Court of Nebraska.

February 4, 1994.

Attorney(s) appearing for the Case

William F. Austin, Lincoln City Atty., and Dana W. Roper, Lincoln, for appellant.

Paul J. Peter, of Bruckner, O'Gara, Keating, Hendry, Davis & Nedved, P.C., Lincoln, for appellee.

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

BOSLAUGH, Justice.

Pursuant to separate applications, the appellee, B & R Stores, Inc. (B & R), sought class D liquor licenses for grocery stores located at 2662 Cornhusker Highway and 1709 Washington Street in Lincoln. Proceeding under Neb.Rev.Stat. § 53-132 (Cum. Supp.1990), the city council of the City of Lincoln conducted a hearing on the applications on October 2, 1989, and by separate resolutions disapproved the applications. B & R then sought...

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