Omaha Fish & Wildlife Club, Inc. v. Community Refuse, Inc.

Hippe, District Judge.

The plaintiff sued for an injunction. The object was to stop the defendants from establishing a solid waste disposal area on lands zoned for other purposes. A demurrer was sustained, the case dismissed, and plaintiff has appealed. We reverse and remand.

The Omaha Fish and Wildlife Club, Incorporated, asserted in its amended petition that it owns 269 acres of real property in Cass County. It complains that the defendants began establishing a .solid waste disposal area on 320 acres of land zoned by the county, but the zoning does not permit such a use. The petition…