Saturday, September 05, 2009

Neighboring property owners in rural Douglas County win reversal of their injunction action against dog groomers who wanted to open a dog kennel. Conley v. Brazer, S-08-974, 278 Neb. 508 Supreme Court reverses the District Court's summary judgment in favor of the dog kennel owners. "Section 23-168.02(1) states that "[a]n appeal to the board of adjustment may be taken by any person or persons aggrieved . . . by any decision of an administrative officer or planning commission ..§ 23-114.05 establishes that an appeal to a board of adjustment is not the exclusive remedy for challenging a land use alleged to be in violation of zoning regulations. an aggrieved party may use § 23-114.05 to seek injunction of land use in violation of regulations. The kennel's neighbors were authorized to sue by § 23-114.05 independent of the remedies offered by §§ 23-168.01 to 23-168.04 . We conclude that the Conleys were entitled to seek injunctive relief without first resorting to the appeal procedure set forth in §§ 23-168.01 to 23-168.04. We further conclude that the district court erred in granting summary judgment to the Brazers, Paradise Pet Suites, Douglas County, the City of Omaha, and the other named defendants because there are genuine issues of material fact pertaining to the Conleys’ requests for injunctive and declaratory relief

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