Dirt Road Development v. Hirschman

Summary

The Nebraska Supreme Court affirmed an injunction requiring the Hirschmans to obtain a conditional use permit before constructing or operating their new feedlot. It held that the zoning regulations unambiguously define adjacent livestock operations as those that are near to or in the vicinity of one another, and that commonly owned feedlots separated by a quarter section may be treated as a single commercial livestock operation. The court also concluded that farm feedlots remain subject to zoning restrictions and are not unrestricted permitted uses. No separate opinions were filed.