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COUNTY OF YORK, NEB. v. TRACY

No. A-95-790.

558 N.W.2d 815 (1996)

5 Neb. App. 240

COUNTY OF YORK, NEBRASKA, A Political Subdivision, Appellee, v. Lloyd TRACY, doing business as Tracy Enterprises, Appellant.

Court of Appeals of Nebraska.

December 31, 1996.

Attorney(s) appearing for the Case

Earl D. Ahlschwede, of Mayer, Burns & Ahlschwede, Grand Island, for appellant.

Charles W. Campbell, York County Attorney, York, for appellee.

MILLER-LERMAN, C.J., and HANNON and MUES, JJ.

HANNON, Judge.

York County brought this action to enjoin Lloyd Tracy from operating his refuse disposal and recycling business on certain land located in York County. The county sought this relief on the ground that Tracy was operating his business in violation of its zoning regulation and because, as operated, the business constituted a public nuisance. The district court granted the injunction, and Tracy appeals, arguing that the zoning regulation was invalid and...

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