The Nebraska Liquor Control Commission hears from Bryan Brewer, a former president of the Ogala Sioux Tribe, during testimony in Rushville on January 5, 2017. Photo by Kimberly Greager
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Native Sun News Today: The fight for Whiteclay moves into the court system





The Fight for Whiteclay

By Kimberly Greager
Native Sun News Today Correspondent
nativesunnews.today

LINCOLN, Neb. – The fight for Whiteclay has moved to the state capital as the fate of the four beer stores lies in the hands of the Nebraska Supreme Court.

On Tuesday, August 29 the court heard oral arguments in the Kozal vs. Nebraska Liquor Control Commission case. Each side was given an unprecedented 20 minutes for their oral arguments, twice the amount of time that is normally given, indicating the importance of this case.

Arguments of jurisdiction came from both sides, with Dave Domina, the attorney representing the four Sheridan County protestants and parties of record in the case, arguing that the District Court did not have jurisdiction to overturn the Nebraska Liquor Control Commission’s denial of the four licenses. Andrew Snyder, the attorney representing the four beer stores, argued that the Nebraska Liquor Control Commission didn’t have jurisdiction to deny the licenses in the first place.

Domina argued that his clients met all the requirements needed to protest the beer store license renewals, which are that there is at least 3 people protesting (4 people are named as parties of record in this case, although there were originally 13), that they are residents of Sheridan County, that they submitted their protest in writing and in a timely manner.

Domina said his clients met all of those requirements, which in and of itself gave the Nebraska Liquor Control Commission the authority and jurisdiction to hold hearings regarding the Whiteclay beer stores. Domina went on to say that the beer store owners failed to do any of the things required under the Administrative Procedures Act when they sought review of the Commission’s decision.

According the APA, applicants for renewal must do five things: Name the Commission, Serve the Attorney General, Name the parties of record, Serve the parties of record, and Get the Agency record to the district court where it can be reviewed.

“The beer stores are 0-5,” Domina said. “None of those things appear in the record. No summonses to the Attorney General and no service, no naming of the citizens and no service, no record before the Agency when the District Court decided this case on its merits without that record.”


Read the rest of the story on the Native Sun News Today website: The Fight for Whiteclay

(Contact Kimberly Greager at kim@kimlathe.com)

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