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ENTERPRISE PARTNERS v. COUNTY OF PERKINS

No. S-99-1096.

619 N.W.2d 464 (2000)

260 Neb. 650

ENTERPRISE PARTNERS, a Nebraska general partnership, appellant, v. The COUNTY OF PERKINS, a political subdivision of the State of Nebraska, appellee.

Supreme Court of Nebraska.

November 3, 2000.

Attorney(s) appearing for the Case

Richard A. Dudden, of Padley & Dudden, P.C., Ogallala, for appellant.

Richard H. Roberts, Perkins County Attorney, Grant, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Enterprise Partners (Enterprise) brought a declaratory judgment action seeking the declaration of the trial court as to whether two ordinances passed by the Perkins County Board of Commissioners (the Board) were valid. These ordinances attempt to locally regulate livestock confinement facilities by regulating odor and flies emanating from the facilities (Ordinance 98-1) and by preventing the escape of animal waste onto land within...

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