Candyland, LLC v. Nebraska Liquor Control Commission
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The Supreme Court dismissed this appeal of the district court's order dismissing Candyland, LLC's petition for review of the decision of the Nebraska Liquor Control Commission denying Candyland's application for a retail Class C liquor license, holding that the district court lacked subject matter jurisdiction under the Administrative Procedure Act (APA), and, likewise, this Court lacked jurisdiction.
Candyland applied to the Commission for a retail Class C liquor license. The Commission denied the application after a hearing. Pursuant to the APA, Candyland filed a petition on appeal. The district court dismissed the petition for lack of subject matter jurisdiction, finding that Candyland had failed to obtain service of summons on the citizen objectors. The Supreme Court dismissed Candyland's appeal, holding that by failing to serve the summons and a copy of the petition on the citizen objectors within thirty days, Candyland failed to timely petition for review and the district court lacked subject matter jurisdiction under the APA.
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