Agenda - Planning Commission - 08/07/2003

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July 25, 2003 -- Page 7 Standing -- Landowners object to swine buildings Special exception awarded to owner NEBRASIC{ (6/10/03) -- The County Board of Supervisors ~anted permits to Curtis O. Griess & Sons for construction of four building sites to be used for housing several thousand swine. Resident taxpayers and landowners in Clay County filed a petition chal- lenging the board's issuance of one of the permits, contending the board did not have the power to grant a special exception to the zoning regulations for the proposed operation. The taxpayers asked the court to declare the permit invalid. On Oct. 5, 2001, the court decided the petitioners lacked standing to sue. The case was distressed, and the petitioners appealed. On appeal, the petitioners argued the court erred in finding they lacked standing. They contended a state law granted them standing and they had proven compliance with the law, which provided: ~'Any taxpayer or taxpayers of the county may institute proceedings to compel specific performance by the proper official or officials of any duty." DECISION: Affirmed. The taxpayers and land owners lacked standing. There were five zoning districts in the county, and the application was in- tended for the district that was designated for general agriculture. The petition- ers did not allege they owfied property within ~at general agx-iculture district. Furthermore, the petitioners did not plead that they had any specific prop- erty interest other than being resident taxpayers and owners of land within the county. Nor did they claim they had a legal or equitable title or right to real estate impacted by these permits, that they would suffer any damages or injury if the construction were to be completed. The petitioners failed to establish they bad standing to appeal the board's decision. Citation: Griess v. Clay Coun~ Board of Supervisors, Nebraska Court of Appeals, No. A-0]-1207 (2003). see also: Metropolitan Utilities District v. Twin Platter NRD, 550 N. W. 2d 907 (1996). Adult Entertainment -- Proposal submitted for adult book and video stores with live entertainment Appeal rejected for exceeding 30-day time limit NEW HAMPSHIRE (6/9/03) -- Route 1'2 Books & Video went to the plan- ning board on May 3, 2000, for a conceptual consultation regarding its pro- posa! to use a building as an adult-oriented book and video store, as well as offering live entertainment. The building was located in an area zoned for com- mercial uses. 107