Nelson v. City of Omaha

Hendry, C J.

INTRODUCTION

Subsequent to the approval of a proposed development by the Omaha City Council, a group of real property owners, Robert Nelson et al. (Homeowners), possessing land abutting and around the proposed development, filed a petition for injunctive relief and declaratory judgment against the City of Omaha. Homeowners alleged that the proposed development was a “Major Amendment” to a planned unit overlay district (PUD) originally approved by the Omaha City Council in 1984 and, therefore, required a supermajority vote of the city council for approval, rather than the 4-to-3…