Main St Properties v. City of Bellevue

Summary

The Nebraska Supreme Court affirmed summary judgment against Main St Properties in its declaratory and injunctive action challenging the City's rezoning ordinance, holding that the ordinance was a legislative act, the statutory stay did not apply, and the conditional zoning agreement authorized rezoning after three violations regardless of cure or individual notice. The court held that no genuine issue of material fact supported Main St Properties' remaining arguments. It dismissed the separate petition-in-error appeal for lack of jurisdiction and vacated the judgment in that case.