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RODEHORST BROS. v. NORFOLK BD. OF ADJ.

No. S-13-253.

844 N.W.2d 755 (2014)

287 Neb. 779

RODEHORST BROTHERS, Appellant, v. CITY OF NORFOLK BOARD OF ADJUSTMENT, Appellee.

Supreme Court of Nebraska.

Filed March 28, 2014.

Attorney(s) appearing for the Case

Glenn A. Rodehorst , for appellant.

Clint Schukei , Norfolk City Attorney, for appellee.

Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Connolly, J.

I. SUMMARY

Rodehorst Brothers, a partnership (Rodehorst), owns a fourplex apartment building in Norfolk, Nebraska. The parties agree that the building's use as a fourplex (to house up to four families), in an area zoned R-2 for one- and two-family use, was a legal, nonconforming use. Neb.Rev. Stat. § 19-904.01 (Reissue 2012), as well as the applicable zoning ordinance, both provide that the right to continue such a use is lost if it has...

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