The Nebraska Supreme Court has dismissed a case brought by Whiteclay beer store owners.
“The retailers failed to include all 'parties of record' in the Commission proceeding when they sought review in the district court. The district court never acquired subject matter jurisdiction, and as a result, we lack jurisdiction over this appeal. We vacate the judgment of the district court and dismiss this appeal,” said the ruling released Friday.
About 5 months ago a decision to ban liquor sales was approved by the Nebraska Liquor Control Commission.
Attorneys representing both sides made their case to the state's highest court last month.
One attorney argued the commission's decision violated state law.
Regulators said there wasn't enough law enforcement in Whiteclay and that the equivalent of about 3.5 million cans of beer were sold near a dry Indian Reservation, the Pine Ridge Reservation of nearby South Dakota, just minutes from Whiteclay.