Justia Zoning, Planning & Land Use Opinion Summaries

A landowner, Main St Properties LLC (MSP), entered into a conditional zoning agreement with the City of Bellevue, Nebraska, in 2012. The agreement allowed the City to rezone MSP’s property if MSP violated the agreement by parking U-Haul vehicles north of the building. The City issued multiple violation notices to MSP over the years, citing breaches of the agreement.MSP did not appeal the first three violation notices but did appeal a fourth notice issued in June 2020. While this appeal was pending, the City rezoned MSP’s property back to its original classification, citing the multiple violations as the basis for this action.MSP filed two lawsuits against the City: one seeking declaratory and injunctive relief and the other challenging the rezoning through a petition in error. The district court granted summary judgment for the City in both cases, finding that the City acted within its rights under the agreement and that the rezoning was not arbitrary or unreasonable.The Nebraska Supreme Court reviewed the case. It determined that the City’s action to rezone the property was legislative, not judicial, and thus not subject to a petition in error. Consequently, the court dismissed the appeal related to the petition in error and vacated that judgment. However, the court affirmed the district court’s summary judgment in the declaratory and injunctive relief case, holding that the City properly exercised its rights under the agreement after MSP committed multiple violations. The court also found that the stay provision in Neb. Rev. Stat. § 19-909 did not apply to the City’s legislative action and that there were no genuine issues of material fact precluding summary judgment. View "Main St Properties v. City of Bellevue" on Justia Law

The case revolves around a dispute between Dirt Road Development LLC (DRD) and Robert and Kathryn Hirschman over the construction and operation of a new feedlot in Howard County, Nebraska. The Hirschmans own several properties in the county where they operate feedlot facilities. They planned to construct and operate a new feedlot on a property that is separated from their existing feedlots by a quarter section of land owned by a third party. DRD, which owns a property near the proposed new feedlot, filed a lawsuit seeking to prevent the Hirschmans from constructing and operating the new feedlot without obtaining a conditional use permit from the Howard County Board of Commissioners.The District Court for Howard County heard the case initially. The court had to determine whether, under Howard County’s zoning regulations, the Hirschmans' new feedlot was “adjacent” to their existing livestock operations. If so, the regulations required the Hirschmans to obtain a conditional use permit before constructing and operating the new feedlot. The district court concluded that the new feedlot was adjacent to the Hirschmans’ other feedlots and that therefore, the Hirschmans were required to obtain a conditional use permit to build and operate the new feedlot. The court granted DRD’s motion for summary judgment and denied the Hirschmans’ motion.The Hirschmans appealed the decision to the Nebraska Supreme Court. They argued that the district court erred in holding that under the Howard County zoning regulations, their new feedlot was adjacent to their other feedlots and constituted a single commercial livestock operation rather than a separate feedlot. The Nebraska Supreme Court affirmed the district court's decision, agreeing that the term "adjacent" as used within the zoning regulations is unambiguous and that the Hirschmans were required to obtain a conditional use permit for their new feedlot. View "Dirt Road Development v. Hirschman" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing, for lack of jurisdiction, this matter opposing the grant of a conditional use permit (CUP) to construct a commercial wind turbine, holding that the district court never acquired jurisdiction over this CUP appeal.The Cherry County Board of Commissioners granted the CUP to BSH Kilgore, LLC for it to construct and operate commercial grade wind turbines near Kilgore, Nebraska. Plaintiffs, parties who opposed the project, appealed the decision to the district court and later were allowed to amend their complaint to challenge the CUP pursuant to a petition in error. The district court dismissed the amended complaint for lack of jurisdiction. The Supreme Court affirmed, holding that the jurisdictional requirements were not met in this case. View "Preserve the Sandhills v. Cherry County" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing an action seeking to enjoin two members of a county board of commissioners from voting on an application for a conditional use permit (CUP), holding that the district court properly concluded that Plaintiffs lacked standing to bring the action.Plaintiffs, opponents of the CUP application, filed a complaint seeking an injunction and alleging, among other things, that two members of the county board of commissioners had conflicts of interest and should be enjoined from considering or voting on the CUP application. The district court ruled that Plaintiffs lacked standing to bring the action and dismissed the action. The Supreme Court affirmed, holding that Plaintiffs lacked standing to challenge the issuance of the CUP and that the district court properly dismissed the action for lack of subject matter jurisdiction. View "Preserve the Sandhills v. Cherry County" on Justia Law

The Supreme Court dismissed this appeal from the judgment of the district court dismissing Appellants' appeal from a decision of the Madison County Board of Commissioners for lack of appellate jurisdiction, holding that this Court lacked jurisdiction.At issue in this appeal was the Madison County Board of Commissioners' approval of the Elkhorn Valley Sportsman Club's application for a conditional use permit. Appellants appealed the Board's decision to the district court, which dismissed the appeal for failure to pay the docket fee. The Supreme Court dismissed Appellants' subsequent appeal, holding that the district court did not err in dismissing this appeal from the Board's determination for lack of appellate jurisdiction. View "Kowalewski v. Madison County Board of Commissioners" on Justia Law

The Supreme Court reversed the decision of the district court dismissing for lack of subject matter jurisdiction Main St Properties LLC's (MSP) complaint seeking to enjoin a zoning ordinance adopted by the city council for the City of Bellevue, holding that the court erred in dismissing MSP's complaint.After MSP received a notice of zoning violation MSP appealed to the board of adjustment, which upheld the zoning violation. While MSP's appeal was pending, the city council approved an ordinance to rezone MSP's property. MSP then filed a complaint for declaratory and injunctive relief against the City. The district court granted the City's motion to dismiss, concluding that the court lacked subject matter jurisdiction because MSP failed to file a petition in error. The Supreme Court reversed and remanded the cause for further proceedings, holding that the complaint was sufficient to survive a motion to dismiss. View "Main St Properties LLC v. City of Bellevue" on Justia Law

The Supreme Court dismissed Appellants' appeal from the district court's dismissal of their appeal of a county board's grant of a conditional use permit (CUP) for the development of a commercial wind turbine operation, holding that this Court lacked jurisdiction to hear this appeal.In 2019, the Cherry County Board of Commissioners granted BSH Kilgore, LLC a CUP for the development of a commercial wind turbine operation in Cherry County. Thereafter, the Board granted BSH a four-year extension to build the operation. Appellants filed a "Complaint and Petition on Appeal" challenging the Board's action in granting the extension and asking for a trial de novo. The court dismissed Appellants' appeal, concluding that it lacked jurisdiction because the Board's decision was subject to review only through a petition in error. The Supreme Court dismissed Appellants' subsequent appeal, holding that, under the circumstances, the district court lacked jurisdiction, and therefore, this Court, too, lacked jurisdiction. View "Preserve of the Sandhills, LLC v. Cherry County" on Justia Law

The Supreme Court reversed the orders of the district court finding that the City of Bellevue lacked authority to adopt an ordinance to annex Landowners' land, holding that the district court erred by finding that the annexation was invalid for the reasons it identified.Landowners filed separate complaints asserting that the City had exceeded its authority and powers granted to a city of the first class by Neb. Rev. Stat. 16-130 because the subject land was not adjacent to or contiguous with the existing City limits and was agricultural and rural in character. The two actions were consolidated, and the district court found in favor of Landowners. The Supreme Court reversed, holding that the district court erred by finding that Landowners' properties were rural in character and were neither contiguous nor adjacent to the City. View "Darling Ingredients Inc. v. City of Bellevue" on Justia Law

The Supreme Court reversed the order of the district court granting summary judgment for the County of Sarpy and declaring two annexation ordinances and a zoning extension ordinance adopted by the City of Gretna invalid, holding that the ordinances were valid.In seeking to have the ordinances adopted by Gretna declared invalid, Sarpy County argued that Gretna exceeded its annexation authority under Neb. Rev. Stat. 17-407(2) because the annexed area included twenty-two parcels with agricultural land that was rural in character. The district court granted summary judgment for Sarpy County. The Supreme Court reversed, holding that the annexed area was urban, rather than rural, in character, and the ordinances were a lawful exercise of Gretna's annexation powers. View "County of Sarpy v. City of Gretna" on Justia Law

The Supreme Court affirmed the order of the district court approving the Dodge County Board of Adjustment's grant of variance for a 4-H pigpen built in violation of county setback requirements, holding that competent evidence supported the district court's factual findings and that the district court did not err or abuse its discretion in approving the variance.The variance was based on, within the meaning of Neb. Rev. Stat. 23-168.03(1)(c), peculiar and exceptional practical difficulties or exceptional and undue hardships. In affirming the Board's decision to grant a variance, the district court found that the Board's decision was reasonable, well considered, and within the Board's discretion. The Supreme Court affirmed, holding that the district court did not make an error of law or abuse its discretion in determining that the narrowness or shape of the property resulted in sufficient hardship to justify upholding the Board's decision to grant the variance. View "Dolezal-Soukup v. Dodge County Board of Adjustment" on Justia Law