City of Omaha v. Gsantner

As presented here, plaintiff sought an injunction prohibiting defendant from operating a dog kennel on described property. Defendant by answer admitted the operation of the dog kennel and contended that it was a nonconforming and permitted use within the meaning of section 14-406, R. R. S. 1943. Trial was had. The trial court rendered judgment dismissing plaintiff’s petition with prejudice. Plaintiff appeals.

We reverse the judgment of the trial court and rémand the cause with directions to render judgment for plaintiff as prayed.

The property involved is located on Pacific Street and was zoned…