Candyland, LLC v. Nebraska Liquor Control Commission

Summary

The Nebraska Supreme Court dismissed Candyland, LLC’s appeal from the denial of its retail liquor license application for lack of subject matter jurisdiction. The court held that citizen objectors were parties of record under the Nebraska Liquor Control Act and that summons had to be served on those nongovernmental parties within 30 days after filing the petition for review. Because Candyland failed to timely serve the citizen objectors, the district court and Supreme Court lacked jurisdiction.

Holdings

1. Under the Nebraska Liquor Control Act, the statutory definition of party of record controls in an APA review of a Nebraska Liquor Control Commission proceeding. Each individual who protested issuance of the liquor license was therefore a party of record who had to be made a party and served.
2. To confer jurisdiction on a district court to review a final administrative decision under the APA, the appellant must file the petition and serve summons as required by the APA.
3. Service on nongovernmental entities under Neb. Rev. Stat. § 84-917(2)(a)(i) must be completed within 30 days after filing the petition for review.
4. The court would not consider Candyland's constitutional challenge to Neb. Rev. Stat. § 25-508.01 because the issue was not preserved.

Questions Presented

1. Whether citizen objectors who protested Candyland's liquor-license application were parties of record required to be joined and served in an APA proceeding for review.
2. Whether service of summons on nongovernmental parties in an APA review proceeding was required within 30 days after filing the petition.
3. Whether the court should consider Candyland's constitutional challenge to Neb. Rev. Stat. § 25-508.01 despite the failure to preserve that issue.

Disposition

dismissed