Whitehead Oil Co. v. City of Lincoln

Plaintiffs-appellants, Whitehead Oil Company and its major stockholder, Milton E. Whitehead, raising no constitutional issues, assign error to the factual and legal analyses embodied in the district court’s sustainment of defendant-appellee City of Lincoln’s motion for summary judgment in this action which challenges Lincoln’s denial of plaintiffs’ request for the land-use permit described hereinafter. We affirm as to Milton E. Whitehead and reverse and remand for further proceedings as to Whitehead Oil.

At the time Whitehead Oil purchased the subject property, it was located in a G-l planned…