Sanitary & Improvement District No. 347 v. City of Omaha

Sievers, Judge.

The Omaha City Council adopted a zoning ordinance which rezoned a portion of Greenfields Plaza from a limited commercial district (LC) to a community commercial district (CC). After the zoning change, the property was purchased by Simmonds Restaurant Management, Inc. (Simmonds). The change would allow Simmonds to construct a Burger King restaurant with a drive-through window on the property, as it wished to do. That Burger King project was the focus of the rezoning proceedings before the city council. The land is fully described in the lower court pleadings and proceedings.…