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PRESERVE THE SANDHILLS v. CHERRY COUNTY

No. S-22-025.

986 N.W.2d 265 (2023)

313 Neb. 668

PRESERVE THE SANDHILLS, LLC, et al., appellants, v. CHERRY COUNTY, Nebraska, et al., appellees.

Supreme Court of Nebraska.

Filed March 3, 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 Cherry County, Nebraska, and Cherry County Board of Commissioners.

Steven D. Davidson and Spencer R. Murphy , of Baird Holm, L.L.P., Omaha, for appellee BSH Kilgore, L.L.C.

Steven G. Ranum and Richard A. DeWitt , Omaha, of Croker Huck Law Firm, for appellee Cherry County Wind, L.L.C.

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

In 2019, the Cherry County Board of Commissioners (County Board) granted a conditional use permit (CUP) to construct a commercial wind turbine project near Kilgore, Nebraska. Parties who opposed the project appealed the CUP decision to the district court for Cherry County pursuant to Neb. Rev. Stat. § 23-114.01(5) (Reissue 2022) and the...

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