Whitehead Oil Co. v. City of Lincoln

I. STATEMENT OF CASE

This is the second appearance of this matter in this court, which arises out of the refusal of the defendant and present appellant, City of Lincoln, to issue a permit entitling the plaintiff and present appellee, Whitehead Oil Company, to use its property in a particular way. In the first appearance, we, in Whitehead Oil Co. v. City of Lincoln, 234 Neb. 527, 451 N.W.2d 702 (1990) (Whitehead Oil I), held that the district court had erred in granting the city a summary judgment on Whitehead Oil’s challenge to the city’s refusal to grant a land-use permit and accordingly…