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BUTLER COUNTY DAIRY v. BUTLER COUNTY

No. S-12-173.

827 N.W.2d 267 (2013)

285 Neb. 408

BUTLER COUNTY DAIRY, L.L.C., Appellant, v. BUTLER COUNTY, Nebraska, and Township of Read, Butler County, Nebraska, Appellees, and Township of Summit, Butler County, Nebraska, Intervenor-Appellee.

Supreme Court of Nebraska.

March 8, 2013.

Attorney(s) appearing for the Case

Stephen D. Mossman , Lincoln, of Mattson, Ricketts, Davies, Stewart & Calkins, for appellant.

Jarrod S. Boitnott , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee Township of Read.

Gregory D. Barton , of Harding & Shultz, P.C., L.L.O., Lincoln, for intervenor-appellee.

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

CASSEL, J.

I. INTRODUCTION

Butler County Dairy, L.L.C. (BCD), challenged two regulations adopted by Read Township, Butler County, Nebraska, governing livestock confinement facilities after those regulations were cited by Read Township and Butler County in denying BCD's request for a permit to install a liquid livestock manure pipeline under a public road. The district court ruled that Read Township had the statutory authority to enact the regulations and...

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