S-23-1040 Amorak, Inc. and Edwin Brown (Appellants) v. Cherry County Board of Commissioners (Appellee) and Danielski Harvesting & Farming, LLC (Intervenor/Appellee)
Appeal from the District Court for Cherry County, Judge Karin L. Noakes
Attorneys: Brian T. McKernan and Alexander K. Shaner (McGrath North Mullin & Kratz for Appellants), Eric A. Scott (Cherry County Attorney for Appellee), David S. Houghton and Justin D. Eichmann (Houghton Bradford Whitted PC LLO for Appellee), and Stephen D. Mossman and Andrew R. Spader (Mattson Ricketts Law Firm, LLP for Appellee/Intervenor)
Civil: Conditional Use Permit
Proceedings below: The Cherry County Board of Commissioners approved a conditional use permit, which the district court affirmed on appeal. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellants make the following assignments of error: 1) The district court erred in finding that the owner and operator of the confined animal feeding use (“CAFO”) were irrelevant for purposes of demonstrating compliance with the zoning regulations; 2) The district court erred in determining the applicable zoning regulations concerning odors related to the CAFO had been satisfied; and 3) The district court erred in determining the applicable zoning regulations concerning groundwater contamination related to the CAFO had been satisfied.
On cross-appeal, Appellee Cherry County Board of Commissioners make the following assignment of error: 1) The district court erred in determining that Appellants may appeal the conditional use permit issuance upon trial de novo before the district court pursuant to Neb. Rev. Stat. § 23-114.01(5) and In re Olmer, 275 Neb. 852, 752 N.W.2d 124 (2008); 2) The district court erred in failing to determine that Appellants may only appeal the conditional use permit issuance under a petition-in-error review pursuant to Neb. Rev. Stat. § 25-1903.