DOWD GRAIN CO., INC. v. COUNTY OF SARPY

No. A-10-1238.

810 N.W.2d 182 (2012)

19 Neb. App. 550

DOWD GRAIN CO., INC., et al., appellants, v. COUNTY OF SARPY, a corporate body politic, et al., appellees.

Court of Appeals of Nebraska.

February 28, 2012.


Attorney(s) appearing for the Case

Terry J. Grennan , of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, and Duane J. Dowd for appellants.

Kim K. Sturzenegger and Richard L. Boucher , of Boucher Law Firm, Lincoln, for appellees County of Sarpy, Richard Houck, and Sarpy County Department of Planning and Building.

Joseph E. Jones and Timothy J. Thalken , of Fraser Stryker, P.C., L.L.O., Omaha, for appellee OSI Properties Limited Partnership.

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


CASSEL, Judge.

INTRODUCTION

In a prior appeal, we reversed the district court's judgment of dismissal on the pleadings, where the complaint alleged noncompliance with design aspects of a 2004 zoning ordinance. In 2007, the County of Sarpy enacted a revised zoning regulation which, appellees argue, had the effect of excepting the property at issue from the design requirements. Upon remand, the district court entered summary judgments, determining that the...

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