A-13-0337, U.S.S. Hazard, Inc., a Nebraska corporation, and John Portera, its President v. City of Omaha Zoning Board of Appeals (Appellant)
Douglas County, District Court Judge James T. Gleason
Attorney for Appellant: Alan M. Thelen, Rosemarie R. Horvath (City Attorney’s Office)
Attorney for Appellee: David A. Domina (DOMINALAW Group)
Civil Action: Issuance of Building Permits
Action Taken by Trial Court: The district court overruled the decision of the Zoning Board, which had denied U.S.S. Hazard’s request for building permits to restore structures that had been damaged by flooding based on Omaha Municipal Code § 55-661(b).
Assignments of Error on Appeal: Did the district court err in concluding that the Zoning Board’s decision denying U.S.S. Hazard’s request for building permits was not supported by the evidence and was clearly wrong? Did the district court err in concluding that U.S.S. Hazard’s evidence was unrebutted or unchallenged by any competent evidence before the Zoning Board? Did the district court err in requiring the Zoning Board to order the City to issue the building permits notwithstanding the fact that the structures were located in a floodway? Did the district court err in failing to consider the evidence that U.S.S. Hazard’s structures are located within an area prone to flooding and requires the City, as the property owner, to comply with the National Floodway Insurance Program guidelines?