Landrum v. City of Omaha Planning Board

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Landrum v. City of Omaha Planning Board

Case Number
S-16-0383
Call Date
April 26, 2017
Case Time
9:00 AM
Court Number
Douglas
Case Summary

S-16-0383, Matthew Landrum et al. (Appellants) v. City of Omaha Planning Board et al.(Cross Appellants) and Daryl Liese et al.

Douglas County, Judge J. Michael Coffey

Attorneys: Rex J. Moats (Moats Law Firm) — Alan M. Thelen (City Attorney’s Office) and Russell S. Daub

Civil: Zoning - special use permit, conditional use permit, amendment to overlay district

Proceedings Below: The district court found that the City of Omaha Planning Board (Board) and the Omaha City Council (City Council) acted within their jurisdiction and that their determinations as to a special use permit, conditional use permit, and the MCC overlay district were supported by sufficient relevant evidence and should be affirmed.

Issues: Appellants assign that the court erred in (1) finding the City Council had jurisdiction and sufficient evidence to approve the special use permit and the MCC Overlay, (2) finding that the Board acted within its jurisdiction and had sufficient evidence to approve the conditional use permit, and (3) affirming the determinations of the City Council and Board when the record showed they did not act with due process of law.

            On cross-appeal, the City assigns that the court erred in failing to rule that (1) the petition in error was untimely as to the conditional use permit, (2) Appellants lacked standing as to the rezoning challenge, and (3) the petition in error was an improper remedy as to the rezoning.