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GAS 'N SHOP, INC. v. CITY OF KEARNEY

No. S-93-1030.

539 N.W.2d 423 (1995)

248 Neb. 747

GAS 'N SHOP, INC., a Nebraska corporation, Appellee, v. CITY OF KEARNEY, a municipal corporation, Appellant.

Supreme Court of Nebraska.

November 3, 1995.

Attorney(s) appearing for the Case

Michael E. Kelley, Kearney City Attorney, for appellant.

Donald L. Dunn, of Rembolt Ludtke Parker & Berger, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

GERRARD, Justice.

I. INTRODUCTION

The defendant, City of Kearney, appeals from a judgment of the district court for Buffalo County, granting the request of the petitioner, Gas `N Shop, Inc., for a declaratory judgment and finding Kearney's zoning ordinance requiring "separate and distinct" premises for off-sale liquor license holders unconstitutional, void, and ineffective as to the conduct of Gas `N Shop's business. We conclude that the findings of the...

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