Neb. Rev. Stat. » Chapter 19
Nebraska Revised Statutes

Neb. Rev. Stat. § 19-909 (2026)

Board of adjustment; appeals to board; record on appeal; hearing; stays

✓ current as of July 2026
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Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds for such appeal. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1936–2024 · leading case: Bowman v. City of York, 482 N.W.2d 537 (Neb. 1992).
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Bowman v. City of York, 482 N.W.2d 537 (Neb. 1992). · cites it 4× “\ (b) Neb. Rev. Stat. § 19-909 (Reissue 1987), upon which the Bowmans rely, does not authorize such relief; and (c) the Bowmans did not ask for mandatory injunctive relief.”
Main St Props. v. City of Bellevue, 318 Neb. 116 (Neb. 2024). · cites it 16× “First, it rejected MSP’s argument that the adoption of the rezoning ordinance violated the stay provision in Neb Rev. Stat. § 19-909 (Reissue 2022). The premise of MSP’s argument was that the City adopted the ordinance “in furtherance of” 2 the June 2020 vio- lation from which…”
Main St Props. v. City of Bellevue, 968 N.W.2d 625 (Neb. 2022). · cites it 2× “As the parties’ dispute over the agreement continued, MSP contended all proceedings should be stayed during the pend­ ency of the board of adjustment appeal under Neb. Rev. Stat. § 19-909 (Reissue 2012) and the Bellevue Municipal Code.”
Coulthard v. Bd. of Adjustment, 265 N.W. 530 (Neb. 1936). · cites it 2× “The plaintiff commenced this proceeding by filing a petition in the district court under section 19-909, Comp. St. 1929, to reverse a decision of the board of adjustment of *544 Neligh, Nebraska, in denying him a permit to erect a filling station in a section of the city…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.