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Neb. Rev. Stat. § 23-114.05

County zoning; violations; penalty; injunction

Applied in 8 court decisions — leading case Omaha Fish & Wildlife Club, Inc. v. Community Refuse, Inc. (1981)

Most recently applied in Amorak v. Cherry Cty. Bd. of Comrs. (April 2025)

Laws 1967, c. 117, § 6, p. 370; Laws 1975, LB 410, § 24; Laws 1977, LB 40, § 83; Laws 1991, LB 15, § 10; Laws 1993, LB 121, § 162; Laws 1999, LB 822, § 6; Laws 2012, LB709, § 3.

How often courts cite this section

19811990200020102020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.