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STATE v. FURNAS COUNTY FARMS

No. S-01-1313.

667 N.W.2d 512 (2003)

266 Neb. 558

STATE of Nebraska ex rel. CITY OF ALMA, a Nebraska municipal corporation, Appellee, v. FURNAS COUNTY FARMS, a general partnership, et al., Appellants.

Supreme Court of Nebraska.

August 8, 2003.

Attorney(s) appearing for the Case

David A. Jarecke, of Crosby Guenzel, L.L.P., Lincoln, for appellant.

Maren Lynn Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, Scottsbluff, and Douglas R. Walker, Alma City Attorney, Alma, for appellee City of Alma.

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, and Julie M. Karavas, of Nebraska Cattlemen, Inc., for amicus curiae Nebraska Cattlemen, Inc.

Arend R. Baack, of Leininger, Smith, Johnson, Baack, Placzek, Steele & Allen, Grand Island, for amicus curiae League of Nebraska Municipalities.

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

HENDRY, C.J.

I. INTRODUCTION

In this action, the City of Alma (City), a city of the second class, sought a declaratory judgment with respect to the validity and applicability of certain ordinances pertaining to the construction of livestock confinement facilities utilizing solid and liquid waste storage lagoons. The City further sought an injunction requiring several defendants to comply with the ordinances. Furnas County Farms (FCF), a named defendant in...

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