1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 642 N.W.2d
  5. 642 N.W.2d 154 (2002)
 

CITY OF OMAHA v. KUM & GO, L.L.C.

No. S-01-305.

642 N.W.2d 154 (2002)

263 Neb. 724

CITY OF OMAHA, a municipal corporation, Appellee and Cross-Appellee, v. KUM & GO, L.L.C., doing business as Kum & Go # 359, Appellant, and Nebraska Liquor Control Commission, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 19, 2002.

Attorney(s) appearing for the Case

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

Don Stenberg, Attorney General, Hobert B. Rupe, and, on brief, Laurie Smith Camp, Omaha, for appellee Nebraska Liquor Control Commission.

Thomas O. Mumgaard, Deputy Omaha City Attorney, for appellee City of Omaha.

Amy A. Miller, Omaha, for amicus curiae American Civil Liberties Union of Nebraska Foundation.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

NATURE OF CASE

Neb.Rev.Stat. § 53-177(1) (Cum.Supp. 2000) provides that no license shall be issued for the retail sale of liquor within 150 feet of any church. The issue presented in this appeal is whether the "House of Faith," located in leased storefront quarters, is a "church" within the meaning of § 53-177.

PROCEDURAL BACKGROUND

Kum & Go, L.L.C., filed an application with the Nebraska Liquor Control Commission...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases