Bruning v. City of Omaha Zoning Board of AppealsAnnotate this Case
The Supreme Court affirmed the decision of the district court upholding the decision of the City of Omaha Zoning Board of Appeals denying Appellants' request for a variance from the requirements of Omaha's zoning code based on a claim of unnecessary hardship, holding that the district court did not err or abuse its discretion in upholding the Board's decision.
Appellants owned a 4.66-acre parcel of land that was zoned for agricultural use. After the City of Omaha Planning Department concluded that the property was being used for activities not permitted by ordinance in an agricultural district Appellants applied for a variance requesting waiver that would allow them to deviate from zoning requirements. The Board denied Appellants' request for a variance. The district court affirmed. The Supreme Court affirmed, holding that competent evidence supported the district court's findings and its conclusion that Appellants' situation did not warrant a variance under Neb. Rev. Stat. 14-411.