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PRESERVE THE SANDHILLS v. CHERRY COUNTY

No. S-21-888.

985 N.W.2d 599 (2023)

313 Neb. 590

PRESERVE THE SANDHILLS, LLC, and Charlene Reiser-McCormick, appellants, v. CHERRY COUNTY, Nebraska, et al., appellees.

Supreme Court of Nebraska.

Filed February 24, 2023.

Attorney(s) appearing for the Case

Jason M. Bruno , Omaha, Diana J. Vogt , Omaha, and Thomas G. Schumacher , of Sherrets, Bruno & Vogt, L.L.C., for appellants.

Eric A. Scott , Cherry County Attorney, and David S. Houghton and Justin D. Eichmann , Omaha, of Houghton, Bradford, & Whitted, P.C., L.L.O., for appellees.

Heavican, C.J., Cassel, Stacy, Funke, Papik, and Freudenberg, JJ., and Carson, District Judge.

This is an appeal from an order dismissing an action seeking to enjoin two members of a county board of commissioners from voting on an application for a conditional use permit (CUP). The district court dismissed the action for lack of standing. Because we agree the plaintiffs lack standing to bring the action, we affirm.

I. BACKGROUND...

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