VAN HEEK v. COUNTY OF KNOX

No. 82-337.

334 N.W.2d 641 (1983)

214 Neb. 538

Gerard W. VAN HEEK et al., Appellants, v. COUNTY OF KNOX, State of Nebraska, a political subdivision, et al., Appellees.

Supreme Court of Nebraska.

June 3, 1983.


Attorney(s) appearing for the Case

William Horneber of Uhlir & Horneber, South Sioux City, for appellants.

Steven A. Scholer, Knox County Atty., Center, and John Thomas, former Knox County Atty., Center, on briefs, for appellees County of Knox and Bd. of Supervisors.

Birmingham & Scholer, Bloomfield, for appellee Arens.

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


WHITE, Justice.

This is an appeal from the order of the District Court for Knox County, Nebraska, sustaining appellees' (Knox County, its board of supervisors, and others) motion for summary judgment and dismissing the plaintiffs' action.

The appeal does not present any difficult questions of law; the difficulty is the form of the action.

The county board of Knox County granted the application of one Allan Arens to rezone a 13.737-acre parcel of rural...

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