THIEMAN v. CEDAR VALLEY FEEDING CO., INC.

No. A-09-639.

789 N.W.2d 714 (2010)

18 Neb. App. 302

Ted THIEMAN, an individual, appellee, v. CEDAR VALLEY FEEDING COMPANY, INC., a Nebraska corporation, et al., appellants.

Court of Appeals of Nebraska.

February 23, 2010.


Attorney(s) appearing for the Case

Jeffery T. Peetz and Monica L. Freeman , of Woods & Aitken, L.L.P., Lincoln, for appellants.

Gregory D. Barton , of Harding & Schultz, P.C., L.L.O., Lincoln, for appellee.

INBODY, Chief Judge, and IRWIN and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

In this appeal from a permanent injunction enforcing zoning regulations against a livestock feeding operation, we first consider whether the scope of a nonconforming use is dictated by the physical capacity of the premises or the actual number of cattle confined. We conclude that under the specific language of the regulations, actual usage controls. We then review the evidence de novo to determine whether such usage is limited...

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