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COFFEY v. COUNTY OF OTOE

No. S-06-921.

743 N.W.2d 632 (2008)

274 Neb. 796

Larry COFFEY, appellant and cross-appellee, v. COUNTY OF OTOE, Nebraska, and the Board of Adjustment of Otoe County, Nebraska, appellees and cross-appellants, and Kent and Sue Kreifels, intervenors-appellees and cross-appellants.

Supreme Court of Nebraska.

January 11, 2008.

Attorney(s) appearing for the Case

William G. Blake, of Pierson, Fitchett, Hunzeker, Blake & Katt, Lincoln, for appellant.

Jeffrey J. Funke, Otoe County Attorney, and David J. Partsch, Nebraska City, for appellees County of Otoe and Board of Adjustment of Otoe County.

Joseph F. Bachmann and Shawn P. Dontigney, of Perry, Guthery, Haase & Gessford, P.C., L.L.O., Lincoln, for appellees Kent and Sue Kreifels.

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

GERRARD, J.

NATURE OF CASE

Otoe County enacted a zoning regulation that prohibits, among other things, the construction of single-family dwellings within a one-half-mile radius of certain animal feeding and waste handling facilities, unless the owner of the single-family dwelling grants an impact easement to the owner of the facility and the owner of the facility agrees to the easement. The primary issue presented in this appeal is whether the regulation...

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