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Alumni Control Board v. City of Lincoln

Nebraska Supreme Court

137 N.W.2d 800 (1965)

Relevant factsFree

The Alumni Control Board (plaintiff) sought a variance from yard-size requirements to build a larger fraternity house housing 48 rather than 36 men, on a standard, non-unique lot subject to the same zoning rules as other properties in the area; the building inspector, zoning board, and city council all denied the variance, and the trial court affirmed.

IssueFree

Whether a zoning variance should be granted if denial would prevent the owner a reasonable use of its land, a grant would do substantial justice to the owner, and relief can be granted consistent with the ordinance's spirit and public safety and welfare.

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