Nebraska Revised Statutes

Neb. Rev. Stat. § 23-168.02 (2026)

Board of adjustment; decision; appeal

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) An appeal to the board of adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative officer or planning commission. Such appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the board a notice of appeal specifying the grounds thereof. The officer or agency from whom the appeal is taken shall transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(2) 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. Any party may appear at the hearing in person, by agent, or by attorney.

Notes of Decisions
Cited in 5 cases, 1976–2009 · leading case: Adler v. Lynch, 415 F. Supp. 705 (D. Neb. 1976).
Adler v. Lynch, 415 F. Supp. 705 (D. Neb. 1976). · cites it 4× “§ 23-168.02 (Reissue 1974). A Board of Adjustment is empaneled by resolution of the Board of Commissioners and may be composed of either the Commissioners themselves, Neb.”
Conley v. Brazer, 772 N.W.2d 545 (Neb. 2009). · cites it 6× “Douglas County filed an answer asserting various defenses, including that the Conleys' claim was barred by their failure to file an appeal to the Douglas County Board of Adjustment pursuant to Neb.Rev.Stat. § 23-168.02 (Reissue 2007).”
Mogensen v. Bd. of Supervisors, 679 N.W.2d 413 (Neb. 2004). “But § 23-168.02 states in part: (1) An appeal to the board of adjustment may be taken by any person or persons aggrieved, or by any officer, department, board, or bureau of the county affected by any decision of an administrative officer or planning commission.”
Niewohner v. Antelope Cnty. Bd. of Adjustment, 668 N.W.2d 258 (Neb. Ct. App. 2003). · cites it 2× “Neb. Rev. Stat. § 23-168.02 (1) (Reissue 1997) provides that an appeal may be brought before a county board of adjustment “by any person .”
Niewohner v. Antelope Cnty. Bd. of Adjust., 668 N.W.2d 258 (Neb. Ct. App. 2003). · cites it 2× “Neb.Rev.Stat. § 23-168.02(1) (Reissue 1997) provides that an appeal may be brought before a county board of adjustment "by any person .”
Neb. Rev. Stat. § 23-168.02(1): 2 cases
Conley v. Brazer, 772 N.W.2d 545 (Neb. 2009). “Douglas County filed an answer asserting various defenses, including that the Conleys' claim was barred by their failure to file an appeal to the Douglas County Board of Adjustment pursuant to Neb.Rev.Stat. § 23-168.02 (Reissue 2007).”
Niewohner v. Antelope Cnty. Bd. of Adjust., 668 N.W.2d 258 (Neb. Ct. App. 2003). “Neb.Rev.Stat. § 23-168.02(1) (Reissue 1997) provides that an appeal may be brought before a county board of adjustment "by any person .”
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