HAUSERMAN v. STADLER

No. S-94-1149.

554 N.W.2d 798 (1996)

251 Neb. 106

Richard HAUSERMAN et al., Appellees, v. Connie STADLER, an individual, Appellant, and Brent Lewis, city zoning inspector of the City of Minden, Kearney County, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

November 8, 1996.


Attorney(s) appearing for the Case

Kent A. Schroeder, of Ross, Schroeder, Brauer, & Romatzke, Kearney, for appellant.

Bradley J. White, of Helmann Sullivan & White, P.C., Hastings, for appellees Richard Hauserman et al.

Kent A. Hadenfeldt, of Luebs, Leininger, Smith, Busick & Johnson, Grand Island, for appellees Brent Lewis et al.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.


CONNOLLY, Justice.

The appellant, Connie Stadler, built a fence around her yard in Minden, Nebraska. Stadler's neighbors successfully sought a declaratory judgment in which the district court determined that a fence is a "structure" as defined by the Minden city code and that Stadler was therefore required to obtain a zoning certificate authorizing the construction. Stadler appeals, contending that a declaratory judgment is an inappropriate remedy and that a zoning...

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