Smith v. Sarpy County

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Smith v. Sarpy County

Case Number
A-15-0862
Call Date
December 14, 2016
Case Time
9:00 AM
Case Summary

A-15-0862, Shirley A. Smith and Stephen A. Smith v. Sarpy County; Sarpy County Department of Planning and Zoning; Bruce Fountain, Planning and Building Director; and Donna Lynam, Sarpy County Zoning Administrator and Code Enforcer (Appellants)

Sarpy County, District Court Judge William B. Zastera

Attorney for Appellant: L. Kenneth Polikov, Michael A. Smith (County Attorney's Office)

Attorney for Appellee: Stephen L. Smith (Smith Law Offices)

Civil Action: Summary Judgment

Action Taken by Trial Court: The district court granted summary judgment to the Smiths on their complaint for injunctive relief. The court determined that no genuine issues of material fact existed with respect to the Smiths' claim that they detrimentally relied on representations of the county in commencing a building project.

Assignments of Error on Appeal: The county argues that the district court erred in granting summary judgment because there are genuine issues of fact regarding whether the Smiths began building in good faith reliance on the building and floodplain development permits.

Case Location
Lincoln
Panel Text
Inbody and Pirtle, Judges, and McCormack, Justice, Retired