Legal Opinion

Citizens Opposing Industrial Livestock v. Jefferson County Board of Adjustment

Nebraska Supreme Court

Decided April 28, 2005No. S-04-669PublishedCited by 2 opinions

1Opinion of the CourtConnolly, J.

Citizens Opposing Industrial Livestock (COIL) and the village board of Reynolds (village) appeal the district court’s order dismissing their action against the Jefferson County Board of Adjustment. The district court determined that it lacked subject matter jurisdiction because COIL and the village did not file a verified petition as required by Neb. Rev. Stat. § 23-168.04 (Reissue 1997). We determine that although the petition was not verified, the failure to verify does not deprive the court of jurisdiction. Accordingly, we reverse, and remand for further proceedings.

BACKGROUND

In February…

2Cases cited5 opinions

  1. Johnson v. JonesNebraska Supreme Court · 1873
  2. Pennfield Oil Co. v. WinstromNebraska Supreme Court · 2004
  3. Northup v. BathrickNebraska Supreme Court · 1907
  4. Dorrington v. MeyerNebraska Supreme Court · 1879
  5. Hanchera v. Board of AdjustmentNebraska Supreme Court · 2005

3Cited by2 opinions

  1. Citizens Opposing Industrial Livestock v. Jefferson County Board of AdjustmentNebraska Supreme Court · 2007
  2. Koch v. Cedar County Freeholder Bd.Nebraska Supreme Court · 2009

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