Gabel v. Polk County, Nebraska, Board of Commissioners

Max Gabel and Rosalie Gabel filed a petition in error challenging a conditional use permit granted to Pat Gabel and Brian Gabel by the Polk County Board of Commissioners. The petition in error named the board of commissioners, the Polk County Planning Commission, and Pat and Brian as defendants (collectively the appellees). Under Mogensen v. Board of Supervisors, 268 Neb. 26, 679 N.W.2d 413 (2004), the proper procedure to challenge the board of commissioners’ decision was to appeal to the Polk County Board of Adjustment rather than by filing a petition in error in district court. Thus, the…