OMAHA FISH & WILDLIFE v. COM. DISPOSAL

No. 44485.

329 N.W.2d 335 (1983)

213 Neb. 234

The OMAHA FISH AND WILDLIFE CLUB, INCORPORATED, Appellee, v. COMMUNITY REFUSE DISPOSAL, INC., and Ronald B. Roots, Appellants.

Supreme Court of Nebraska.

January 7, 1983.


Attorney(s) appearing for the Case

Herbert J. Elworth of Casey & Elworth, Plattsmouth, and Croker, Huck & McReynolds, Omaha, for appellants.

Michael J. Mooney of McCormack, Cooney, Mooney & Hillman, P.C., Omaha, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.


HASTINGS, Justice.

The defendants have appealed from an order of the District Court permanently enjoining them from operating a solid waste disposal area on certain real property located in Cass County. On appeal to this court, the defendants assign as error that the court (1) incorrectly found that the Cass County zoning ordinance prohibited operation of a licensed solid waste disposal landfill in an area zoned "A" Rural and Public Use District; (2) failed to find...

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