CUMMINGS ENTERPRISES, INC. v. Shukert

In this mandamus action, defendants, members of the planning department for the city of Omaha, appeal from an order of the district court for Douglas County directing them to issue a building permit. We hold that the appellants waived their right of appeal when they issued the permit in compliance with the court’s order prior to filing an appeal to this court.

Appellee owns a 2.96-acre tract of land located at 9516 Calhoun Road in Omaha, Nebraska. On December 3,1985, the city council of Omaha passed an ordinance rezoning appellee’s parcel from second suburban district to first commercial.…