Alumni Control Board v. City of Lincoln

137 N.W.2d 800 (1965)

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Alumni Control Board v. City of Lincoln

Nebraska Supreme Court
137 N.W.2d 800 (1965)

SC

Facts

The Alumni Control Board (the board) (plaintiff) owned a fraternity house in the City of Lincoln (defendant). The board wished to build a new fraternity house on its property. The board applied for variances to certain city zoning ordinances. Specifically, the board wished to build a structure that would result in yard sizes below those required by the ordinance. The board wished to house 48 men in the new fraternity house, but a building complying with the ordinances would be able to house only 36 men. The property was not unique in the neighborhood; it was standard size and subject to the same zoning requirements as other fraternity houses. The building inspector, board of zoning appeals, and city council each denied the variance application. The board brought suit appealing the denial. The district court affirmed the denial. The board appealed.

Rule of Law

Issue

Holding and Reasoning (McCown, J.)

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