Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to the district court a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition must be presented to the court within fifteen days after the filing of the decision in the office of the board of adjustment. Upon the filing of such petition a summons shall be issued and be served upon the board of adjustment, together with a copy of the petition. Return of service shall be made within four days after the issuance of the summons. Within ten days after the return day of such summons, the board of adjustment shall file an answer to such petition which shall admit or deny the substantial allegations of the petition, and shall state the contentions of the board of adjustment with reference to the matters in dispute as disclosed by the petition. The answer shall be verified in like manner as required for the petition. At the expiration of the time for filing answer, the court shall proceed to hear and determine the cause without delay and shall render judgment thereon according to the forms of law. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Such appeal to the district court shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board of adjustment and on due cause shown, grant a restraining order. Any appeal from such judgment of the district court shall be prosecuted in accordance with the general laws of the state regulating appeals in actions at law.
Notes of Decisions
Bowman v. City of York, 482 N.W.2d 537 (Neb. 1992).
· cites it 10× “At the hearing which followed, the district court received additional evidence in accordance with Neb. Rev. Stat. § 19-912 (Reissue 1987), which provides that if, upon the district court hearing, it shall appear to the court that testimony is necessary for the proper disposition…”
Kelley v. John, 75 N.W.2d 713 (Neb. 1956).
· cites it 6× “Appeals to the district court may be taken from a decision of the board of adjustment as provided by section 19-912, R. R. S. 1943. It is the contention of the appellants that this constitutes the exclusive remedy in the present case.”
Davis v. Wright, 503 N.W.2d 814 (Neb. 1993).
· cites it 3× “However, appeals from boards of ¿djustment as provided for by Neb. Rev. Stat. § 19-912 (Reissue 1991) are somewhat analogous.”
City of Battle Creek v. Madison Cnty. Bd. of Adjustment, 609 N.W.2d 706 (Neb. Ct. App. 2000).
· cites it 2× “In considering the appeal from the Board, the district court took additional evidence, as is permitted pursuant to Neb. Rev. Stat. § 19-912 (Reissue 1997). The district court then modified the findings of the Board to conform with the statutorily required findings.”
Frank v. Russell, 70 N.W.2d 306 (Neb. 1955).
· cites it 2× “Section 19-912, R. R. S. 1943, which is a part of the act granting cities their powers as to zoning, provides for appeal only on the ground of illegality.”
Beckman v. City of Grand Island, 157 N.W.2d 769 (Neb. 1968).
· cites it 2× “Appellants filed a petition on appeal in the district court under the provisions of section 19-912, R. S. Supp., 1965. The district court affirmed the decision of the board of adjustment and dismissed the appeal.”
Kuhlmann v. City of Omaha, 556 N.W.2d 15 (Neb. 1996).
“Furthermore, § 19-912 specifically authorizes the district court to grant a restraining order.”
Whitehead Oil Co. v. City of Lincoln, 515 N.W.2d 390 (Neb. 1994).
“We announced the resulting standard of review as follows: The considerations discussed in the foregoing two cases, coupled with the fact that § 19-912 permits an appeal to the district court only on the ground that a board of adjustment’s decision is illegal, lead us to conclude…”
Weber v. City of Grand Island, 87 N.W.2d 575 (Neb. 1958).
· cites it 2× “” Such ordinance was published on January 22,1957, and on January 23, 1957, plaintiffs filed their petition in the district court for Hall County in conformity with the provisions of section 19-912, R. R. S. 1943. It should be noted that there is no competent evidence from which…”
Staley v. City of Blair, 292 N.W.2d 570 (Neb. 1980).
· cites it 3× “Staley and Linda Staley, filed their appeal in the District Court for Washington County, Nebraska, pursuant to Neb. Rev. Stat. § 19-912 (Reissue 1977). They named the City of Blair and certain officials as parties defendant and alleged that the action of the city council was…”
City of Imperial v. Raile, 191 N.W.2d 442 (Neb. 1971).
“See § 19-912, R. R. S. 1943. There is a conflict in the evidence as to conversations had with various city officials as to a building permit, but the evidence is undisputed that Raile did not at any time file any formal or written application for a building permit.”
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