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HOCHSTEIN v. CEDAR CTY. BD. OF ADJUSTMENT

No. S-19-459.

940 N.W.2d 251 (2020)

305 Neb. 321

Frank HOCHSTEIN and Bow Creek Valley, LLC, appellants, v. CEDAR COUNTY BOARD OF ADJUSTMENT and Mark and Carla Goeden, appellees.

Supreme Court of Nebraska.

Filed March 20, 2020.

Attorney(s) appearing for the Case

Stephen D. Mossman , of Mattson Ricketts Law Firm, Lincoln, for appellants.

Mark D. Fitzgerald , of Fitzgerald, Vetter, Temple, Bartell & Henderson, Norfolk, for appellee Cedar County Board of Adjustment.

Jeffrey L. Hrouda , Norfolk, for appellees Mark and Carla Goeden.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

INTRODUCTION

A county board of adjustment affirmed the grant of a zoning permit for construction of a new residence within an agricultural intensive district. The district court affirmed. The ultimate issue is whether the proposed residence was a "non-Farm residence" under the zoning regulations. Construing the regulations as...

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