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Copple v. City of Lincoln

315 N.W.2d 628 (1982)

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Copple v. City of Lincoln

Nebraska Supreme Court
315 N.W.2d 628 (1982)

  • Written by Galina Abdel Aziz , JD

Facts

The City of Lincoln (the city) (plaintiff) city council approved an ordinance that changed the zoning classification of a tract of land in southwest Lancaster County (the county) from local-business-district and single-family-dwelling-district zoning to planned-regional-commercial-district zoning. Newt Copple (plaintiff) owned a tract of land in the northeast section of the county and had a pending application to build a regional shopping center on his land. Under Neb. Rev. Stat. § 15-1201, anyone aggrieved by a decision of the city council could appeal the decision to the district court. Copple filed a petition of appeal in the district court under § 15-1201, alleging that the city council’s approved zoning change would lead to business competition with Copple’s proposed shopping center that would detrimentally affect Copple and his property. The district court held that Copple was not an aggrieved person under Nebraska law, that Copple did not have standing to sue, and that even if Copple had standing, he had failed to prove a special injury. The court found that Copple’s claims lacked merit and dismissed the appeal. Copple appealed to the Nebraska Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Clinton, J.)

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