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MICHELLE HUG, HENSTOCK v. CITY OF OMAHA

No. S-07-324.

749 N.W.2d 884 (2008)

275 Neb. 820

MICHELLE HUG and HENSTOCK, INC., appellants, v. CITY OF OMAHA, appellee.

Supreme Court of Nebraska.

May 30, 2008.

Attorney(s) appearing for the Case

K.C. Engdahl and Karisa D. Johnson, of Engdahl Johnson, L.L.C., Lincoln, for appellants.

Thomas O. Mumgaard, Deputy Omaha City Attorney, and Jo A. Cavel, Omaha, for appellee.

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

HEAVICAN, C.J.

INTRODUCTION

Appellants Michelle Hug and Henstock, Inc. (collectively Hug), brought this action in the district court against appellee City of Omaha (City) contending that the City's ordinance prohibiting smoking1 was unconstitutional. The district court concluded the ordinance was constitutional. We reverse, and remand with directions.

FACTS

On June 20, 2006, the Omaha City Council voted to adopt...

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