SMITH v. CITY OF PAPILLION

No. S-04-1358.

705 N.W.2d 584 (2005)

270 Neb. 607

Jon SMITH et al., appellants, v. CITY OF PAPILLION, Nebraska, a city of the first class located in Sarpy County, Nebraska, et al., appellees.

Supreme Court of Nebraska.

November 10, 2005.


Attorney(s) appearing for the Case

Michael D. McClellan and William E. Gast, of Gast & McClellan, Omaha, for appellants.

Michael N. Schirber, of Schirber & Wagner, L.L.P., Papillion, for appellee City of Papillion.

James M. Bausch, Shawn D. Renner, and Steven M. Delaney, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellee Market Pointe, L.L.C.

Irving B. Epstein, of Epstein & Epstein, Omaha, for appellee Kae S. Pavlik, trustee of the Duane M. Pavlik Family Trust.

CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


GERRARD, J.

NATURE OF CASE

After the Papillion City Council took action to amend the City of Papillion's comprehensive development plan and rezone a parcel of land to accommodate a large commercial development, adjacent landowners brought an action to declare such actions void and enjoin any activity consistent with the rezoning. The district court denied the landowners' requests, and they appealed. For the following reasons, we affirm the judgment of the...

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