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McCLELLAND v. ZONING BD. OF APPEALS

No. 87-706.

441 N.W.2d 893 (1989)

232 Neb. 711

William J. McCLELLAND and Dixie L. McClelland, Husband and Wife, Appellees, v. ZONING BOARD OF APPEALS OF OMAHA, Nebraska, et al., Appellants.

Supreme Court of Nebraska.

June 30, 1989.

Attorney(s) appearing for the Case

James R. Place and Alan M. Thelen, of Breeling, Welling & Place, Omaha, for appellees.

Herbert M. Fitle, Omaha City Atty., and Allen L. Morrow, for appellants.

HASTINGS, C.J., WHITE, CAPORALE, and FAHRNBRUCH, JJ., and COADY, District Judge.

COADY, District Judge.

The zoning board of appeals of Omaha (Board) appeals an order of the Douglas County District Court directing the Board to grant a variance for a structure constructed on property owned by William J. and Dixie L. McClelland. The Board claims the district court erred in substituting its own discretion for the Board's discretion. We affirm.

A zoning board of appeals is vested with discretion to dispose of matters within its province, but...

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