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STALEY v. CITY OF BLAIR

No. 42792.

292 N.W.2d 570 (1980)

206 Neb. 292

Walter L. STALEY, Jr., and Linda Staley, Appellants, v. CITY OF BLAIR, a Municipal Corporation, Alfred O. Sick, Mayor of the City of Blair, William Gutschow, Jerome Jenny, Stanley Jensen, James Long, Henry Neef, Carl Rennerfeldt, Gary Baker, and Darrel Jensen, members of the city council and board of adjustment of the City of Blair, and John O'Hanlon, City Attorney of the City of Blair, Impleaded with Paul J. Grosserode, Dorothy J. Grosserode, and Washington County Cattle Co., Inc., Appellees.

Supreme Court of Nebraska.

May 20, 1980.

Attorney(s) appearing for the Case

Gordon R. Hauptman of Westergren & Hauptman, and Duane M. Katz of Hunter & Katz, Omaha, for appellants.

Barlow, Johnson, DeMars & Flodman and John V. Head, Lincoln, for appellees Grosserode and Washington County Cattle Co., Inc.

No appearance for appellees City of Blair, mayor, council and city atty.

Heard before BOSLAUGH and McCOWN, JJ., and COLWELL, KNEIFL, and WHITEHEAD, District Judges.

COLWELL, District Judge.

This appeal concerns the jurisdiction of a city of the first class to act as a board of adjustment, pursuant to Neb.Rev.Stat. § 19-911 (Cum.Supp.1978). The trial court denied such authority. We affirm.

In August 1978, defendants Paul J. and Dorothy J. Grosserode filed an application with the city building inspector of Blair, Nebraska, requesting a special use permit to operate a confined...

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