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ORCHARD HILL v. ORCHARD HILL MERCANTILE LLC

No. S-06-228.

738 N.W.2d 820 (2007)

274 Neb. 154

ORCHARD HILL NEIGHBORHOOD ASSOCIATION et al., Appellees v. ORCHARD HILL MERCANTILE, L.L.C., Appellant, and Nebraska Liquor Control Commission, Appellee.

Supreme Court of Nebraska.

August 17, 2007.

Attorney(s) appearing for the Case

Michael J. Lehan, Omaha, for appellant.

Steven M. Virgil, and Matthew Andrew, Senior Certified Law Student, of Community Economic Development Clinic, Creighton University School of Law, for appellees Orchard Hill Neighborhood Association et al.

No appearance for appellee Nebraska Liquor Control Commission.

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

CONNOLLY, J.

The Orchard Hill Neighborhood Association and neighborhood residents (collectively the Objectors) appealed the order of the Nebraska Liquor Control Commission (Commission) granting a liquor license to Orchard Hill Mercantile, doing business as Hamilton Outlet Tobacco (Mercantile). On review, the district court found that under Neb.Rev.Stat. § 53-132(2) (Reissue 2004), the "public convenience and necessity...

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