Wilcox v. City of McCook, S-00-481.
| Court | Supreme Court of Nebraska |
| Citation | 262 Neb. 696,634 N.W.2d 486 |
| Decision Date | 19 October 2001 |
| Docket Number | No. S-00-481.,S-00-481. |
| Parties | Lyle WILCOX and Jean Wilcox, Appellants, v. CITY OF McCOOK, Nebraska, a municipal corporation, and Southwest Nebraska Youth Services, Inc., a Nebraska nonprofit corporation, Appellees. |
634 N.W.2d 486
262 Neb. 696
v.
CITY OF McCOOK, Nebraska, a municipal corporation, and Southwest Nebraska Youth Services, Inc., a Nebraska nonprofit corporation, Appellees
No. S-00-481.
Supreme Court of Nebraska.
October 19, 2001.
G. Peter Burger, of Burger & Bennett, P.C., McCook, for appellee City of McCook.
John A. Gale, of McCarthy, Gale, Moore, Bacon & Hall, North Platte, for appellee Southwest Nebraska Youth Services, Inc.
HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.
HENDRY, C.J.
INTRODUCTION
Lyle Wilcox and Jean Wilcox appeal from the district court's decision dismissing their petition in error. In their petition, the Wilcoxes requested that the district court reverse the McCook City Council's decision of May 17, 1999, approving a special exception application.
FACTUAL BACKGROUND
In 1999, Southwest Nebraska Youth Services, Inc. (Southwest), submitted an application for a special use exception. This application concerned a building located in McCook, Nebraska, within an area zoned residential medium density. Southwest intended to use the building as a multiple-family dwelling, medical-health facility, and school for state wards and other youths. The McCook zoning ordinances list multiple-family dwellings, medical-health facilities, and schools as special exceptions in residential medium density zones.
Previously, in 1998, the McCook City Council denied a separate special use exception application by Southwest concerning the same building. The 1998 application proposed to use the building as an "intermediate school ... multiple family dwelling" and provide "governmental services" for state wards and other youths, including services for domestic and sexual abuse victims. The city council denied the 1998 application by a vote of two in favor, two against, and one abstaining.
Southwest's second application was submitted to the city council in 1999. The city sent out notices to all adjoining landowners concerning Southwest's 1999 special exception application. Some of the landowners initiated a petition drive against Southwest's application. The record indicates they collected approximately 108 signatures against Southwest's proposal. On May 17, 1999, after public notice and public hearings, the city council met and considered Southwest's second application. The council voted three in favor, one against, and one abstaining. Immediately after the vote, a question was raised as to
On June 3, 1999, the city council published notice in the McCook Daily Gazette newspaper that the next council meeting would be held on June 7, 1999. Listed on the agenda for the meeting was a motion by a council member to reconsider "the special exception request for Southwest Nebraska Youth Services, Inc." This council member had voted "no" on Southwest's application at the May 17 meeting. Also included on the agenda for the June 7 meeting was a proposal that the city council consider "additional restrictions" on Southwest's use of the property.
At the June 7, 1999, meeting, the city council reconsidered Southwest's application. After including some additional restrictions concerning hours of operation and other related matters, the city council approved the application with four votes in favor of the proposal and one against.
On June 10, 1999, 3 days after the special exception request had been reconsidered and approved, the Wilcoxes filed a petition in error under Neb.Rev.Stat. § 25-1901 (Cum.Supp.2000). The Wilcoxes are adjoining landowners to the proposed youth center.
In their petition, the Wilcoxes asked the district court to reverse the city council's May 17, 1999, decision. The petition alleged four grounds in support of the requested relief. First, the Wilcoxes...
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