Administrative Law: Judgments: Appeal and
Error. A judgment or final order rendered by a
district court in a judicial review pursuant to the
Administrative Procedure Act may be reversed, vacated, or
modified by an appellate court for errors appearing on the
___:___: ___. When reviewing an order of a district court
under the Administrative Procedure Act for errors appearing
on the record, the inquiry is whether the decision conforms
to the law, is supported by competent evidence, and is
neither arbitrary, capricious, nor unreasonable.
Judgments: Appeal and Error. An appellate
court, in reviewing a district court's judgment for
errors appearing on the record, will not substitute its
factual findings for those of the district court where
competent evidence supports those findings.
Administrative Law: Judgments. Whether an agency decision
conforms to the law is by definition a question of law.
Administrative Law: Judgments: Statutes: Appeal and
Error. To the extent that the meaning and
interpretation of statutes and regulations are involved,
questions of law are presented which an appellate court
decides independently of the decision made by the court
Administrative Law: Liquor Licenses: Final Orders:
Appeal and Error. Proceedings in the district court
reviewing a final decision of the Nebraska Liquor Control
Commission involve review without a jury de novo on the
Administrative Law: Appeal and Error. In a
review de novo on the record, the district court is required
to make independent factual determinations based upon the
record and reach its own independent conclusions with respect
to the matters at issue.
Neb. 215] 8. Administrative Law:
Liquor Licenses: Courts: Evidence: Appeal and Error.
A district court in its de novo review is not required to
give deference to the findings of fact made by the Nebraska
Liquor Control Commission, but it may consider the fact that
the commission, sitting as the trier of fact, saw and heard
the witnesses and observed their demeanor while testifying
and may give weight to the commission's judgment as to
Alcoholic Liquors: Liquor Licenses: States.
The power of the State to absolutely prohibit the
manufacture, sale, transportation, or possession of
intoxicants includes the power to prescribe the conditions
under which alcoholic beverages may be sold, and it may
exercise large discretion as to the means employed in
performing this power.
Courts: Statutes. A statutorily created
court has only such authority as has been conferred upon it
by statute. Thus, its powers are limited to those delineated
Administrative Law: Statutes. Administrative
bodies have only that authority specifically conferred upon
them by statute or by construction necessary to achieve the
purpose of the relevant act.
Administrative Law: Liquor Licenses. The
Nebraska Liquor Control Commission may impose conditions on a
from the District Court for Lancaster County: Darla S. Ideus,
Michael F. Polk, of Sena, Polk & Stacy, L.L.P, for
William Acosta-Trejo, Assistant Omaha City Attorney, for