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CITY OF BATTLE CREEK v. MADISON COUNTY BD.

No. A-99-053.

609 N.W.2d 706 (2000)

9 Neb. App. 223

CITY OF BATTLE CREEK, Nebraska, appellant, v. MADISON COUNTY BOARD OF ADJUSTMENT, appellee.

Court of Appeals of Nebraska.

May 2, 2000.

Attorney(s) appearing for the Case

David H. Ptak, of Stratton & Ptak, P.C., Norfolk, for appellant.

Joel E. Carlson, Deputy Madison County Attorney, Madison, for appellee.

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

CARLSON, Judge.

INTRODUCTION

The City of Battle Creek, Nebraska, appeals from the decision of the district court for Madison County, Nebraska, in which the district court affirmed the granting of a zoning variance by the Madison County Board of Zoning Adjustment (Board). For the reasons set forth below, we reverse, and remand to the district court with direction to reverse the decision of the Board.

BACKGROUND

On January 27, 1998, the Board...

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