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GABEL v. POLK COUNTY

No. S-04-488.

695 N.W.2d 433 (2005)

269 Neb. 714

Max GABEL and Rosalie Gabel, appellants, v. POLK COUNTY, Nebraska Board of Commissioners et al., appellees.

Supreme Court of Nebraska.

April 28, 2005.

Attorney(s) appearing for the Case

Bruce E. Stephens, of Stephens & Sutter, York, for appellants.

Ronald E. Colling, Polk County Attorney, Osceola, for appellee Polk County, Nebraska Board of Commissioners.

Kent E. Rauert, of Svehla, Barrows, Thomas & Rauert, P.C., York, for appellees Pat Gabel and Brian Gabel.

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

CONNOLLY, J.

Max Gabel and Rosalie Gabel filed a petition in error challenging a conditional use permit granted to Pat Gabel and Brian Gabel by the Polk County Board of Commissioners. The petition in error named the board of commissioners, the Polk County Planning Commission, and Pat and Brian as defendants (collectively the appellees). Under Mogensen v. Board of Supervisors, 268 Neb. 26, 679 N.W.2d 413

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