S-20-0330 The County of Sarpy v. City of Gretna (Appellant)
Sarpy County District Court, Hon. Stefanie A. Martinez
Attorneys: Duncan A. Young, Jeff C. Miller, Keith I. Kosaki (Young and White Law Office, for Appellant) – Kayla N. Hathcote, Gage R. Cobb, Stephen Hueber (Senior Certified Law Clerk) (Sarpy County Attorney’s Office, for Appellee)
Civil: Annexation
Proceedings Below: The County filed an action seeking a permanent injunction against annexation and zoning extension ordinances adopted by the City. The County and City filed cross-motions for summary judgment and the sole issues was whether 22 parcels within the annexed territory were urban or suburban in character or agricultural and rural in character. The district court concluded that the contested parcels are agricultural and rural in character and granted the County’s motion, denied the City’s motion, and invalidated the annexation and zoning extension ordinances.
Issues on Appeal: Whether the district court erred 1) in ruling that the contested parcels were agricultural and rural in character; 2) in granting the County’s motion for summary judgment and in invalidating the annexation and zoning extension ordinances; and 3) in not granting the City’s motion for summary judgment and in not upholding the validity of the annexation and zoning extension ordinances.