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SANITARY AND IMP. v. CITY OF OMAHA

No. A-97-831.

589 N.W.2d 160 (1999)

8 Neb. App. 78

SANITARY AND IMPROVEMENT DISTRICT NO. 347 of Douglas County, Nebraska, and Christopher B. Dennis, appellees, v. CITY OF OMAHA and Simmonds Restaurant Management, Inc., appellants.

Court of Appeals of Nebraska.

February 2, 1999.

Attorney(s) appearing for the Case

James B. Cavanagh, of Lieben, Dahlk, Whitted, Houghton, Slowiaczek & Jahn, P.C., Omaha, for appellant Simmonds Restaurant Management, Inc.

Bernard J. In Den Bosch and Charles K. Bunger, Omaha, for appellant City of Omaha.

Ronald W. Hunter, Omaha, for appellees.

IRWIN, Chief Judge, and HANNON and SIEVERS, Judges.

SIEVERS, Judge.

The Omaha City Council adopted a zoning ordinance which rezoned a portion of Greenfields Plaza from a limited commercial district (LC) to a community commercial district (CC). After the zoning change, the property was purchased by Simmonds Restaurant Management, Inc., (Simmonds). The change would allow Simmonds to construct a Burger King restaurant with a drive-through window on the property, as it wished to do. That Burger King project was the focus...

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