Giger v. City of Omaha: Of Contracts, Comprehensive Plans, and Master Plans in Nebraska Zoning, Questions with and without Answers
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Authors
Green, J. Patrick
Issue Date
1990
Volume
23
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Giger v. City of Omaha, the Nebraska Supreme Court returned to its seminal decision in Bucholz v. City of Omaha, which had approved conditional zoning, and gave Bucholz the broadest possible reading in order to allow a city to utilize a contract to tailor a zoning decision to the particular project being proposed by a developer. The Bucholz case could have been narrowly read as authorizing only what has been called "conditional zoning." The court, however, rejected this narrow reading and held that Bucholz had aligned Nebraska with those jurisdictions which permit not only conditional zoning but also contract zoning. In dealing with cases from Omaha and Lincoln, cities which have both traditional zoning enabling acts and legislation authorizing the adoption of master plans, the supreme court has referred to a master plan as a "guide" to zoning. The phrase "guide" may be construed as relevant only to decisions of zoning authorities and irrelevant for judicial review of zoning decisions. Alternatively, "guide" may be interpreted as making the degree of departure from the master plan in a particular zoning decision an important, and perhaps crucial, issue on judicial review...
Description
Citation
23 Creighton L. Rev. 289 (1989-1990)
Publisher
Creighton University School of Law