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PROUT v. DEPT. OF HEALTH & HUMAN SERV.

No. S-06-764.

745 N.W.2d 570 (2008)

275 Neb. 146

Will PROUT and Big John's Billiards, Inc., a Nebraska Corporation, Appellants, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION AND LICENSURE, Appellee.

Supreme Court of Nebraska.

February 22, 2008.

Attorney(s) appearing for the Case

Andrew M. Loudon and Jacob Wobig, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., for appellants.

Teresa M. Hampton, Special Assistant Attorney General, for appellee.

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

WRIGHT, J.

NATURE OF CASE

Big John's Billiards, Inc., and its owner, Will Prout (collectively Big John's), sought a waiver under the Nebraska Clean Indoor Air Act (Act), Neb.Rev.Stat. § 71-5701 et seq. (Reissue 2003 & Cum.Supp.2006), to allow smoking in pool halls in Lincoln and Omaha. The Nebraska Department of Health and Human Services Regulation and Licensure (Department) denied the waiver, and Big...

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