Falcke v. County of Douglas

OPINION

Petitioners applied to the Douglas County Community Development Department for a master plan amendment and zon ing change to real property. After approval by the Douglas County Planning Commission, the Douglas County Board of Commissioners voted three-to-two in favor of the master plan amendment. However, the three-to-two vote was deemed a denial of the master plan amendment under Douglas County Development Code § 20.608.070, which requires a super-majority vote to approve any master plan amendment. For the reasons discussed herein, we conclude that the petitioners appropriately seek…