318 Neb. 116
Neb.2024Background
- Main St Properties LLC (MSP) entered a 2012 conditional zoning agreement with the City of Bellevue, which restricted U-Haul vehicle parking on part of MSP's property in return for a conditional rezoning.
- The City issued multiple notices that MSP violated the agreement by improperly parking U-Haul vehicles, and MSP did not appeal most of these notices.
- After more than three violations, the City, pursuant to the agreement, rezoned MSP’s property to its prior zoning designation through a new ordinance in 2020.
- MSP filed two lawsuits: (1) a request for declaratory and injunctive relief, and (2) a petition in error challenging the ordinance. The district court granted summary judgment to the City in both cases.
- MSP appealed, contesting the ordinance adoption’s legality, the district court’s summary judgment, and several factual findings related to the violations and interpretation of the zoning agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the rezoning action judicial or legislative | MSP: Rezoning was quasi-judicial and thus subject to error proceeding | City: Rezoning was legislative; error proceeding improper | Rezoning was legislative; error proceeding dismissed |
| Application of Neb. Rev. Stat. § 19-909 stay | MSP: Stay on proceedings applied to adoption of the rezoning ordinance | City: Ordinance was adopted for multiple violations, not just the one under appeal | Stay provision did not apply |
| Whether material factual disputes existed | MSP: Disputed meaning of agreement and receipt of violation notices; estoppel and bad faith claims | City: Violations occurred, notice immaterial under contract, agreement clear | No material factual disputes; summary judgment proper |
| Validity of city’s action under the agreement | MSP: City acted unreasonably and arbitrarily, acted in bad faith | City: Had contractual right to rezone after three violations | City’s actions valid under agreement |
Key Cases Cited
- Main St Properties v. City of Bellevue, 310 Neb. 669 (2022) (discussing error proceedings and the judicial/legislative distinction in municipal actions)
- Dowd Grain Co. v. County of Sarpy, 291 Neb. 620 (2015) (presumption of zoning ordinance validity and required burden for challenge)
- Seemann v. Seemann, 316 Neb. 671 (2024) (plain language interpretation of contracts)
- Evert v. Srb, 308 Neb. 895 (2021) (jurisdiction and void orders)
- Strahan v. McCook Hotel Group, 317 Neb. 350 (2024) (speculative evidence insufficient to defeat summary judgment)