Smithberg v. City of Plattsmouth

The plaintiff, Robert M. Smithberg, owns a 4%-acre tract of land at 18th and Avenue D in Plattsmouth, Nebraska. In 1979 he requested the zoning classification of this property be changed from agricultural open to salvage so that he could operate a salvage business on the property. The requested zoning change was denied by the council upon the recommendation of the planning commission.

This action was commenced in 1980 to enjoin the enforcement of the zoning ordinance against the plaintiff. The answer filed by the defendant city alleged that the operation of a salvage business upon the property…