The erection, construction, reconstruction, alteration,
repair, conversion, maintenance, or use of any building, structure, automobile
trailer, or land in violation of sections 23-114 to 23-114.04, 23-168.01
to 23-168.04, 23-172 to 23-174, 23-174.02, 23-373, and 23-376 or of any regulation
made by the county board under such sections shall be a misdemeanor. Any person,
partnership, limited liability company, association, club, or corporation
violating such sections or any regulation of the county board or erecting,
constructing, reconstructing, altering, or converting any structure without
having first obtained a permit shall be guilty of a Class III misdemeanor.
Each day such violation continues after notice of violation has been given
to the offender may be considered a separate offense. In addition to other
remedies, the county board or the proper local authorities of the county,
as well as any owner or owners of real estate within the district affected
by the regulations, may institute any appropriate action or proceedings to
prevent such unlawful construction, erection, reconstruction, alteration,
repair, conversion, maintenance, or use, to restrain, correct, or abate such
violation, or to prevent the illegal act, conduct, business, or use in or
about such premises. Any taxpayer or taxpayers of the county may institute
proceedings to compel specific performance by the proper official or officials
of any duty imposed by such sections or in resolutions adopted pursuant to
such sections.
Notes of Decisions
Egan v. Cnty. of Lancaster, 308 Neb. 48 (Neb. 2020).
· cites it 11× “This leaves Egan’s argument that she has standing under a statute, Neb. Rev. Stat. § 23-114.05 (Reissue 2012).”
Preserve the Sandhills v. Cherry Cnty., 985 N.W.2d 599 (Neb. 2023).
· cites it 11× “The district court also considered and rejected arguments that the plaintiffs had standing to bring the action under certain Cherry County zoning regulations, finding that none of the zoning regulations relied on by PTS and Reiser-McCormick were applicable to the facts of this…”
Johnson v. Knox Cnty. P'ship, 728 N.W.2d 101 (Neb. 2007).
· cites it 6× “*129 Referring to Neb. Rev. Stat. § 23-114.05 (Cum. Supp. 2006), the district court determined that the Johnsons had.”
Conley v. Brazer, 772 N.W.2d 545 (Neb. 2009).
· cites it 10× “Partnership [1] and the authority provided by Neb. Rev. Stat. § 23-114.05 (Reissue 2007).”
Seward Cnty. Bd. of Commissioners v. City of Seward, 242 N.W.2d 849 (Neb. 1976).
· cites it 2× “The record discloses, however, that in October 1974, shortly after the commencement of the condemnation proceedings in county court on September 27, 1974, but prior to the award of the appraisers, the Seward County Board of Commissioners, under the authority contained in section…”
Pavsek v. Sandvold, 279 P.3d 55 (Haw. App. 2012).
“16 (authorizing any adjacent or neighboring property owner to institute any appropriate action to enforce zoning laws); Neb.Rev.Stat. § 23-114.05 (authorizing owners of real estate within the district affected by the regulations to institute any appropriate action to prevent or…”
Griess v. Clay Cnty. Bd. of Supervisors, 662 N.W.2d 638 (Neb. Ct. App. 2003).
· cites it 9× “The petitioners contend that standing is granted by Neb. Rev. Stat. § 23-114.05 (Cum. Supp. 2002) and that they proved compliance with the statute sufficient to establish standing.”
Amorak v. Cherry Cty. Bd. of Comrs., 318 Neb. 723 (Neb. 2025).
· cites it 4× “Once a property owner has obtained a conditional use permit, other provisions incentivize both owners and operators to comply with zoning regulations: It is a misdemeanor for owners and operators to violate zoning regulations or condi- tional use permits, and they are also…”
Charlton v. Smith (Me. Super. Ct 2000).
“, New York’s McKinney’s Town Law § 268(2); Neb. Rev. Stat. § 23-114.05 ; Illinois Municipal Code § 11-13-15.”
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.