Henke v. Zimmer

This matter originated in an application by Homer J. Henke for permission to build a “Double garage” on land situated in the area of Falls City which is zoned as a residential district. The city denied the permit. Mr. Henke appealed to the district court. He will hereinafter be called plaintiff. The appellees in the district court were the members of the board of adjustment of the city and the city in its corporate capacity. They will hereinafter be called defendants. Issues were made and trial had. The trial court found generally in favor of plaintiff; that defendants’ action was unjust,…