Hochstein v. Cedar Cty. Bd. of Adjustment

Summary

The Nebraska Supreme Court reviewed whether a proposed residence on a farm was a “non-Farm residence” subject to a one-mile setback from an existing livestock feeding operation under Cedar County zoning regulations. The court construed the regulations as a whole and held that the residence was not a “non-Farm residence,” finding no abuse of discretion or legal error by the district court. The judgment affirming the board of adjustment was affirmed.

Holdings

1. In an appeal involving a board of adjustment decision, the appellate court reviews the district court's decision for abuse of discretion or legal error, regardless of whether the district court took additional evidence.
2. The interpretation of a zoning ordinance is a question of law reviewed independently, and zoning regulations are interpreted under the same principles used to interpret statutes.
3. The Goedens' proposed residence was not a "non-Farm residence" subject to the A-1 District's setback requirement for new nonfarm residences.

Questions Presented

1. Whether the Goedens' proposed residence on their 240-acre farm was a "non-Farm residence" subject to the A-1 District's livestock-feeding-operation setback requirement.
2. Whether the board of adjustment's approval of the zoning permit was arbitrary, unreasonable, or clearly wrong, and whether the district court erred in affirming that decision.

Disposition

affirmed