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Judge rules in favor of city of Seneca in civil suit

By Greg Bebermeyer

04/14/2023

(KMZA)--A judge has ruled in favor of the city of Seneca in a civil suit filed last year over a decision by the city's Board of Zoning Appeals.

Nemaha County District Court Judge John Weingart announced his decision, in a hearing Tuesday, to deny a petition filed by affected landowners Brett Ohlsen and Ashley Nordhus.

Their attorneys filed the petition last July in Nemaha County District Court asking Weingart to determine the reasonableness of a June 8 decision by the Board of Zoning Appeals to approve a conditional use permit for Ag Partners Cooperative to locate a new distribution center on property west of Seneca. The permit contained certain restrictions.

Citing potential negative health consequences and economic damages, the petition asked the court to direct the Board to deny the conditional use permit and for other relief.

Ohlsen owns a housing development adjacent to the property and Nordhus owns a lot in the development.

A bench trial in the case was held in December.

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