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NIKOLAS v. CITY OF OMAHA

No. 09-1679.

605 F.3d 539 (2010)

Michael E. NIKOLAS, Plaintiff-Appellant, v. CITY OF OMAHA, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2010.

Attorney(s) appearing for the Case

W. Patrick Betterman, argued, Omaha, NE, for Appellant.

Alan M. Thelen, argued, Omaha, NE, for Appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

LOKEN, Chief Judge.

In July 2000, Michael E. Nikolas purchased 6.79 acres of land within three miles of the Omaha city limits, an area in which the City has statutory planning and zoning authority. See Neb.Rev.Stat. § 14-418. The property included a forested area, a ravine, a house, and a dilapidated two-story structure built by a prior owner without necessary building permits that the City had placarded for condemnation. In the following years, Nikolas...

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