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ANTHONY, INC. v. CITY OF OMAHA

No. S-11-421.

813 N.W.2d 467 (2012)

283 Neb. 868

ANTHONY, INC., a Nebraska corporation, et al., appellants, v. CITY OF OMAHA, a Nebraska municipal corporation, appellee.

Supreme Court of Nebraska.

May 18, 2012.

Attorney(s) appearing for the Case

D.C. Bradford , Ryan J. Dougherty , and Justin D. Eichmann , of Bradford & Coenen, L.L.C., Omaha, for appellants.

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

Rodney M. Confer , Lincoln City Attorney, and Jocelyn W. Golden , Lincoln, for amicus curiae City of Lincoln.

HEAVICAN, C.J., CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and IRWIN and MOORE, Judges.

McCORMACK, J.

NATURE OF CASE

Anthony, Inc.; Anthony J. Fucinaro, Jr.; La Casa Pizzaria Inc.; and members of the Omaha Restaurant Association (collectively the Restaurants) operate restaurants in the City of Omaha (the City) subject to a municipal ordinance which became effective on October 1, 2010. The ordinance declares itself to be an "occupation tax" on restaurants and drinking places in the City in the amount...

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