Sunday, June 11, 2006
Nebraska Supreme Court reverses mandamus order from the Adams County District Court directing the rezoning of farmland for residential development State ex rel. Musil v. Woodman, 271 Neb. 692 Filed June 9, 2006. No. S-04-1420. Owners of recently purchased farmground in rural Adams County sought rezoning for residential development. On a motion at one meeting of the Adams County Board the Board approved revising the County zoning plan on a split vote. However later the Board refused to adopt these actions by resolution. The District Court for Adams County considered the approving motions sufficient to require the Board to proceed with rezoning. The Supreme Court reverses finding no clear obligation for the Board to follow its motions when its rules required a resolution.Under § 23-114(1)(d) and art. 10, § 1003.02, the rezoning action Musil sought in the instant case was required to be taken up as a "resolution." Based on the foregoing, we agree with Barrows and the Board that the motions of June 24, 2003, were of a different character than the resolutions of August 19 and that the former were merely an expression of possible future action favorable to Musil, whereas the latter were in fact a rejection of Musil's petition for rezoning. Contrary to Musil's assertion and the conclusion of the district court, the mere motions of June 24, 2003, were not sufficient to require that Musil's rezoning request be implemented, and, on the contrary, the resolutions rejected on August 19 denied Musil's request for rezoning. Musil did not show clearly and conclusively that she was entitled to the relief of rezoning that she sought, and the Board was not legally obligated to rezone. See, State ex rel. Jacob v. Bohn, ante p. 424, 711 N.W.2d 884 (2006); Ways v. Shively, 264 Neb. 250, 646 N.W.2d 621 (2002). The district court erred in issuing the writ of mandamus directing the rezoning, and we reverse the order issuing the writ.
Posted by stan_sipple at 5:40 AM