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CITY OF RALSTON v. BALKA

No. S-93-882.

530 N.W.2d 594 (1995)

247 Neb. 773

CITY OF RALSTON, Nebraska, et al., Appellees, v. Berri BALKA, Tax Commissioner of the State of Nebraska, et al., Appellants, and Nebraska Horsemen's Benevolent and Protected Association et al., Intervenors-Appellees.

Supreme Court of Nebraska.

April 7, 1995.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., and L. Jay Bartel, Lincoln, for appellants.

Donald L. Dunn, of Rembolt Ludtke Parker & Berger, Lincoln, for appellees and intervenors-appellees.

Michael A. Kelley and Michael J. Lehan, of Kelley & Lehan, P.C., Omaha, for Neb. Horsemen's Benevolent and Protected Ass'n.

HASTINGS, C.J., WHITE, CAPORALE, LANPHIER, and WRIGHT, JJ., and GRANT, J., Retired, and HOWARD, District Judge, Retired.

PER CURIAM.

The Nebraska Tax Commissioner, M. Berri Balka, appeals from an order of the Lancaster County District Court which held that 1991 Neb.Laws, L.B. 795, § 6, a lottery regulation provision, is unconstitutional. The district court enjoined the commissioner from enforcing L.B. 795, § 6. We affirm.

In 1991, the Nebraska Legislature enacted L.B. 795, which provided:

(1) If a racetrack licensed pursuant to Chapter 2, article 12, is located...

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