Egan v. County of Lancaster , 308 Neb. 48 ( 2020 )


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    Nebraska Supreme Court Advance Sheets
    308 Nebraska Reports
    EGAN v. COUNTY OF LANCASTER
    Cite as 
    308 Neb. 48
    E. Jane Egan and Janis Howlett, appellants,
    v. County of Lancaster, Nebraska,
    et al., appellees.
    ___ N.W.2d ___
    Filed December 31, 2020.   No. S-19-1048.
    1. Standing: Jurisdiction: Judgments: Appeal and Error. Standing is
    a jurisdictional component of a party’s case, because only a party who
    has standing may invoke the jurisdiction of a court; determination of a
    jurisdictional issue which does not involve a factual dispute is a matter
    of law which requires an appellate court to reach its conclusions inde-
    pendent from those of a trial court.
    2. Statutes: Appeal and Error. Statutory interpretation is a question of
    law, which an appellate court resolves independently of the trial court.
    3. Political Subdivisions: Judgments: Appeal and Error. When a deci-
    sion regarding a conditional use or special exception permit is appealed
    under 
    Neb. Rev. Stat. § 23-114.01
    (5) (Reissue 2012) and a trial is held
    de novo under 
    Neb. Rev. Stat. § 25-1937
     (Reissue 2016), the findings
    of the district court shall have the effect of a jury verdict and the court’s
    judgment will not be set aside by an appellate court unless the court’s
    factual findings are clearly erroneous or the court erred in its application
    of the law.
    4. Standing. Standing relates to a court’s power to address the issues
    presented and serves to identify those disputes which are appropriately
    resolved through the judicial process.
    5. ____. The focus of the standing inquiry is not on whether the claim the
    plaintiff advances has merit; it is on whether the plaintiff is the proper
    party to assert the claim.
    Appeal from the District Court for Lancaster County: Jodi
    L. Nelson, Judge. Affirmed.
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    EGAN v. COUNTY OF LANCASTER
    Cite as 
    308 Neb. 48
    Gregory D. Barton, of Barton Law, P.C., L.L.O., for
    appellants.
    Patrick Condon, Lancaster County Attorney, Jenifer T.
    Holloway, and Daniel J. Zieg for appellees County of Lancaster,
    Board of Commissioners of Lancaster County, and Planning
    Commission of Lancaster County.
    Stephen D. Mossman and Joseph A. Wilkins, of Mattson
    Ricketts Law Firm, for appellee Randy Essink.
    Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke,
    Papik, and Freudenberg, JJ.
    Papik, J.
    The Lancaster County Board of Commissioners (the Board)
    granted Randy Essink a special use permit allowing him to
    construct and operate a poultry production facility on land
    within the county’s agricultural zoning district. E. Jane Egan
    and Janis Howlett challenged that decision in district court,
    arguing that the proposed facility would lead to adverse effects
    on the environment, public health, local infrastructure, and
    property values. The district court found that Egan lacked
    standing to challenge the issuance of the special use permit
    and found that the permit was appropriately issued. Egan and
    Howlett now appeal. Finding no error in the district court’s
    decision, we affirm.
    BACKGROUND
    Essink’s Proposed Facility and
    Applicable Zoning Regulations.
    Essink began contemplating a new business venture when
    he learned that Lincoln Premium Poultry (LPP) was recruiting
    individuals to raise broiler chickens that would be proc­essed
    by LPP for sale to Costco. After obtaining more informa-
    tion, Essink identified and purchased a piece of property
    in Lancaster County that he believed would meet LPP’s
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    EGAN v. COUNTY OF LANCASTER
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    requirements. On May 14, 2018, Essink submitted an applica-
    tion to Lancaster County’s planning department for a special
    use permit that would allow him to operate a commercial
    feedlot on his farm.
    Essink’s application for a special use permit was necessary
    under the 1979 Zoning Resolution of Lancaster County (the
    zoning regulations). The zoning regulations designate zoning
    districts, including an agricultural district in which Essink’s
    property is located. Article 4 of the zoning regulations states
    that the agricultural district “is designated for agricultural use
    and is intended to encourage a vigorous agricultural industry
    throughout the county and to preserve and protect agricultural
    production by limiting urban sprawl as typified by urban or
    acreage development.” With a special use permit, buildings
    within the agricultural district may be used as commercial
    feedlots. The parties do not dispute that Essink’s proposed
    operation qualifies as a commercial feedlot.
    Under the zoning regulations, an application for a special use
    permit is initially submitted to the Lancaster County Planning
    Commission (the Commission). The Commission is required to
    then hold a public hearing. Article 13, section 13.002, of the
    zoning regulations directs that in considering the application,
    the Commission is to “consider the effect of such proposed
    building or uses upon the character of the neighborhood, traf-
    fic conditions, public utility facilities, the Comprehensive Plan
    and any other matters relating to the public health, safety and
    general welfare.” The zoning regulations allow decisions of the
    Commission regarding special use permits to be appealed to
    the Board.
    Planning Commission.
    After Essink submitted his application, the Commission
    scheduled a public hearing. At the hearing, county officials
    provided testimony, as did witnesses called by Essink and
    community members opposed to the issuance of the spe-
    cial use permit. The Commission also received documentary
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    evidence. At the conclusion of the hearing, the Commission
    approved the special permit subject to certain conditions on a
    6-3 vote.
    The Commission’s decision was appealed to the Board.
    County Board.
    The Board held a public hearing regarding the applica-
    tion for a special use permit. At the hearing, Essink and other
    proponents of the special use permit provided testimony as
    did community members who opposed issuance of the special
    use permit.
    The Board approved the special use permit subject to certain
    conditions to which Essink agreed on a 3-2 vote. Egan and
    Howlett appealed the Board’s decision to the district court.
    District Court.
    The district court held a bench trial. The records of the
    public hearings before the Commission and the Board were
    received as evidence.
    Egan lives on an acreage 12.7 miles from Essink’s property.
    Egan testified that she was concerned that Essink’s proposed
    operation would result in pollution and depreciation of the
    value of surrounding property. She also testified that she was
    concerned that if Essink’s proposed operation was approved,
    a similar operation might be approved near her property.
    Howlett lives 0.6 miles from Essink’s property. She testi-
    fied that she was concerned that the proposed facility would
    result in reduced air quality and depreciation of the value of
    her property.
    The district court also received evidence regarding Essink’s
    proposed facility. That evidence included testimony from a
    representative of LPP who testified regarding the training LPP
    provides to its growers and the standards it requires them to
    follow. He explained that LPP service technicians monitor
    growers’ compliance with those standards. LPP requires that
    its growers work with a nutrient management company. A
    representative from a nutrient management company testified
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    that the company had been retained to develop a nutrient man-
    agement plan for Essink’s operation and explained the details
    of that plan.
    The county planner testified that the application for a special
    permit met the criteria for approval under the zoning regula-
    tions. Evidence in the record also indicated that the application
    was reviewed by the Lower Platte South Natural Resources
    District, the Nebraska Department of Environmental Quality,
    and the Lincoln-Lancaster County Health Department and that
    none of these entities objected to the application. Additional
    evidence in the record will be discussed as necessary in the
    analysis section below.
    The district court affirmed the issuance of the special use
    permit in a written order. The district court concluded that
    Egan did not have standing. It went on to consider whether the
    special use permit was appropriately issued. After summarizing
    the evidence, the district court concluded that the application
    exceeded the criteria for approval as set forth in the zoning
    regulations. It approved the special use permit subject to cer-
    tain conditions to which Essink agreed.
    Egan and Howlett appealed.
    ASSIGNMENTS OF ERROR
    Egan and Howlett assign, condensed and restated, that the
    district court erred by (1) failing to find that Egan had stand-
    ing and (2) finding that the special use permit was prop-
    erly approved.
    STANDARD OF REVIEW
    [1] Standing is a jurisdictional component of a party’s case,
    because only a party who has standing may invoke the juris-
    diction of a court; determination of a jurisdictional issue which
    does not involve a factual dispute is a matter of law which
    requires an appellate court to reach its conclusions independent
    from those of a trial court. Griffith v. Nebraska Dept. of Corr.
    Servs., 
    304 Neb. 287
    , 
    934 N.W.2d 169
     (2019).
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    EGAN v. COUNTY OF LANCASTER
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    [2] Statutory interpretation is a question of law, which
    an appellate court resolves independently of the trial court.
    DeLima v. Tsevi, 
    301 Neb. 933
    , 
    921 N.W.2d 89
     (2018).
    [3] When a decision regarding a conditional use or spe-
    cial exception permit is appealed under 
    Neb. Rev. Stat. § 23-114.01
    (5) (Reissue 2012) and a trial is held de novo
    under 
    Neb. Rev. Stat. § 25-1937
     (Reissue 2016), the findings
    of the district court shall have the effect of a jury verdict and
    the court’s judgment will not be set aside by an appellate court
    unless the court’s factual findings are clearly erroneous or the
    court erred in its application of the law. In re Application of
    Olmer, 
    275 Neb. 852
    , 
    752 N.W.2d 124
     (2008).
    ANALYSIS
    Standing.
    The district court concluded that Egan lacked standing to
    challenge the issuance of the special use permit. Because
    standing is a jurisdictional issue, we address it first. See
    Central Neb. Pub. Power Dist. v. North Platte NRD, 
    280 Neb. 533
    , 
    788 N.W.2d 252
     (2010).
    [4,5] Standing relates to a court’s power to address the
    issues presented and serves to identify those disputes which are
    appropriately resolved through the judicial process. Griffith,
    
    supra.
     The focus of the standing inquiry is not on whether
    the claim the plaintiff advances has merit; it is on whether the
    plaintiff is the proper party to assert the claim. See Heiden v.
    Norris, 
    300 Neb. 171
    , 
    912 N.W.2d 758
     (2018).
    The district court found that Egan was not a proper party
    to object to the special use permit because she lives nearly
    13 miles from the proposed operation and had not shown that
    she would be injured by its issuance. Generally, a party has
    standing only if he or she has suffered or will suffer an injury
    in fact. See Central Neb. Pub Power Dist., supra. We have
    said that such an injury must be “concrete in both a qualitative
    and temporal sense,” that it must be “distinct and palpable,
    as opposed to merely abstract,” and that the alleged harm
    must be “actual or imminent, not conjectural or hypothetical.”
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    Id. at 542, 788 N.W.2d at 260. We have also emphasized that
    it is generally insufficient for standing purposes for a plaintiff
    to have “merely a general interest common to all members of
    the public.” Ritchhart v. Daub, 
    256 Neb. 801
    , 806, 
    594 N.W.2d 288
    , 292 (1999).
    Egan does not quarrel with the district court’s conclusion
    that she could not demonstrate an injury in fact. We do not see
    how she could. Egan testified that she opposed the special use
    permit as a member of the public and a taxpayer. She expressed
    concerns that Essink’s proposed operation would result in
    pollution and depreciate the value of surrounding properties
    owned by others. While Egan also testified that she feared that
    approval of this special use permit might lead to the approval
    of similar operations near her property, she did not identify any
    way in which her legal interests would be injured as a result
    of the approval of a permit for operation of a feedlot approxi-
    mately 13 miles from her home. Because Egan did not identify
    any injury peculiar to herself, we agree with the district court
    that she did not demonstrate she has suffered or will suffer an
    injury in fact.
    Though Egan cannot demonstrate an injury in fact, she main-
    tains that she nonetheless has standing. She argues that she
    has standing under an exception to the general injury-in-fact
    requirement and under a specific statute. As we will explain,
    we disagree with both arguments.
    Our cases have recognized some exceptions to the usual
    requirement that a plaintiff demonstrate an injury in fact.
    See Griffith v. Nebraska Dept. of Corr. Servs., 
    304 Neb. 287
    ,
    
    934 N.W.2d 169
     (2019). According to Egan, she has standing
    under one such exception. In support of this argument, Egan
    relies on Thompson v. Heineman, 
    289 Neb. 798
    , 
    857 N.W.2d 731
     (2015).
    In Thompson, parties opposed to the construction of an
    oil pipeline brought an action against state officials, seeking
    a declaratory judgment that a statute allowing pipeline carri-
    ers to bypass the regulatory procedures of the Public Service
    Commission and obtain approval to exercise the power of
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    e­ minent domain for the building of the pipeline from the
    Governor was unconstitutional. While plaintiffs did not estab-
    lish traditional injury-in-fact standing, four members of the
    court found that plaintiffs had standing under an exception
    to the injury-in-fact requirement for matters of “great public
    concern” first recognized in Cunningham v. Exon, 
    202 Neb. 563
    , 
    276 N.W.2d 213
     (1979). The four members of the court
    who found that the great public concern exception applied in
    Thompson did so because the claims at issue were analogous to
    “claims involving the election of representatives and the way
    the constitution can be changed” in that they involved “the citi-
    zens’ interest in their form of government.” 289 Neb. at 822,
    857 N.W.2d at 751.
    Three members of the court disagreed that plaintiffs had
    standing. See Thompson, supra (Heavican, C.J., and Stephan
    and Cassel, JJ., dissenting in part, and in part concurring in
    the result). Because those three members of the court believed
    jurisdiction was lacking, they expressed no opinion as to
    whether the statute at issue was unconstitutional. And because
    five judges did not find the statute unconstitutional, the dis-
    trict court’s decision finding the statute unconstitutional was
    vacated pursuant to the supermajority requirement of article V,
    § 2, of the Nebraska Constitution.
    The parties in this case have assumed that the opinion of
    four judges finding that the Thompson plaintiffs had standing
    under the great public concern exception is controlling prec-
    edent. We need not address the accuracy of that assumption,
    because, even if Thompson is controlling, it does not assist
    Egan here. While Egan asserts that this case is a matter of
    great public concern, she makes no attempt to show that the
    issuance of a special use permit for a specific location, as in
    Thompson, involved “the citizens’ interest in their form of gov-
    ernment.” 289 Neb. at 822, 857 N.W.2d at 751. Indeed, Egan’s
    challenge is aimed entirely at the substance of a governmental
    decision rather than challenging the legal authority of those
    who made it.
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    At oral argument, Egan’s counsel acknowledged that Egan
    “does not fall within the same circumstances” as the plain-
    tiffs in Thompson, but requested that we “extend” the great
    public concern exception to Egan’s challenge in this case. We
    decline Egan’s invitation. We have previously emphasized that
    “[e]xceptions to the rule of standing must be carefully applied
    in order to prevent the exceptions from swallowing the rule.”
    State ex rel. Reed v. State, 
    278 Neb. 564
    , 571, 
    773 N.W.2d 349
    ,
    355 (2009). Consistent with that principle, we have rejected
    the argument that a plaintiff has standing under the great
    public concern exception merely because he or she is alleg-
    ing that public officials are not acting within statutory limits.
    See, e.g., Neb. Against Exp. Gmblg. v. Neb. Horsemen’s Assn.,
    
    258 Neb. 690
    , 
    605 N.W.2d 803
     (2000) (holding that plaintiffs
    challenging state commission’s issuance of licenses to con-
    duct simulcast horseracing as contrary to statutory authority
    lacked standing under great public concern exception). Given
    this precedent, we see no principled basis by which we could
    find that the challenge made here—that the officials given the
    authority to issue special use permits erred in doing so—is one
    that can be raised by a taxpayer under the great public con-
    cern exception.
    This leaves Egan’s argument that she has standing under a
    statute, 
    Neb. Rev. Stat. § 23-114.05
     (Reissue 2012). Section
    23-114.05 provides in relevant part: “The erection, construc-
    tion, 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 . . . or any regula-
    tion made by the county board under such sections shall be a
    misdemeanor.” The referenced regulations encompass county
    zoning regulations. Section 23-114.05 further provides:
    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,
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    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.
    Egan argues that because she is an owner of real estate
    within the agricultural zoning district, she has standing under
    § 23-114.05 to challenge the issuance of the special use permit
    even if she cannot demonstrate an injury in fact.
    Although the Legislature may, so long as it acts within
    the bounds of other constitutional provisions, confer standing
    that is broader than the common-law baseline, see Griffith v.
    Nebraska Dept. of Corr. Servs., 
    304 Neb. 287
    , 
    934 N.W.2d 169
    (2019), § 23-114.05 does not confer standing on Egan in this
    case. Section 23-114.05 allows “owners of real estate within
    the district affected by the regulations” to bring an action to
    prevent the use of property in violation of, among other things,
    zoning regulations, which violation is made a misdemeanor by
    the statute. But there is no suggestion in this case that Essink
    committed a criminal offense by, for example, constructing a
    building in violation of zoning regulations. Instead, this case
    arose because Essink, pursuant to zoning regulations, sought
    and obtained a special use permit before constructing a com-
    mercial feedlot. A different statute, § 23-114.01(5), authorizes
    appeals of decisions regarding special use permits to the dis-
    trict court, but that statute does not contain similar expansive
    language allowing all “owners of real estate within the district
    affected by the regulations” to bring such appeals. Egan does
    not have standing under § 23-114.05.
    While the district court correctly concluded that Egan lacked
    standing, it apparently concluded that Howlett had standing, as
    it went on to consider the merits of her challenge to the issu-
    ance of the special use permit. We agree that Howlett, who
    testified that her home was just 0.6 miles from the site of the
    proposed facility, satisfied the injury-in-fact requirement and
    had standing. We will thus go on to consider her assignment of
    error challenging the district court’s order affirming the issu-
    ance of the special use permit.
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    Merits.
    Howlett’s argument that the district court committed revers-
    ible error by affirming the issuance of the special use permit
    hinges on article 13.002 of the zoning regulations. Section
    13.002 states in relevant part:
    Before the issuance of any special permit of any build-
    ings or uses, the County Board shall refer the proposed
    application to the Planning Commission. The Planning
    Commission shall hold a public hearing and shall con-
    sider the effect of such proposed building or uses upon
    the character of the neighborhood, traffic conditions, pub-
    lic utility facilities, the Comprehensive Plan and other
    matters relating to the public health, safety and gen-
    eral welfare.
    Howlett argues that the district court, in its review of the
    decision of the Board, was also required to consider the fac-
    tors enumerated above. She argues the district court failed to
    consider the effect Essink’s proposed facility would have on
    the character of the neighborhood, traffic conditions, and the
    public health, safety, and general welfare.
    Howlett’s argument, however, immediately encounters a for-
    midable obstacle. In its order affirming the issuance of the spe-
    cial use permit, the district court stated that it had considered
    the very factors Howlett contends it did not. The order states
    that the district court had considered Essink’s application, the
    applicable zoning regulations, and “the evidence presented
    relating to the effect of the proposed buildings and use upon
    the character of the neighborhood, traffic conditions . . . and
    other matters relating to the public health, safety and gen-
    eral welfare.”
    According to Howlett, the district court cannot be taken at
    its word as to the factors it considered in affirming the issuance
    of the special use permit. Instead, she contends that, given the
    evidence in the record, the district court could not possibly
    have considered the effect Essink’s proposed operation would
    have on the character of the neighborhood, traffic conditions,
    and the public health, safety, and general welfare and still
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    affirmed the issuance of the special use permit. We discuss
    the evidence to which Howlett points and the arguments she
    makes below.
    In support of her argument that the district court could not
    have considered the effect Essink’s proposed operation would
    have on the character of the neighborhood, Howlett points to
    her own testimony that the number of residences in the area of
    Essink’s proposed operation had substantially increased from
    the time Howlett moved to the area in 1973. Howlett testified
    that there were currently 70 residences in an area depicted on a
    map received as an exhibit at trial.
    In support of her argument that the district court could
    not have considered the effect Essink’s proposed operation
    would have on traffic conditions, Howlett points to testi-
    mony of a licensed civil engineer. This engineer testified that
    because there would be increased use of the adjacent road, the
    county would be required to make improvements to allow for
    that usage.
    Howlett also argues that the district court could not have
    considered the effect the proposed facility would have on the
    public health, safety, and general welfare and affirmed the issu-
    ance of the special use permit. Here, Howlett argues that the
    proposed facility would reduce air quality and produce odor.
    She also argues that the facility would result in the reduction
    of property values of neighboring landowners. Finally, she
    emphasizes Essink’s lack of experience in operating a poultry
    facility and suggests that this lack of experience is a risk to the
    public health, safety, and general welfare.
    We disagree with Howlett that the district court could
    not possibly have considered the factors she identifies and
    affirmed the issuance of the special use permit. In reaching
    this conclusion, we are mindful that the applicable standard of
    review requires that we treat the findings of the district court
    in the same way we would treat a jury verdict, not setting
    aside the district court’s judgment unless its factual findings
    are clearly erroneous or the court erred in its application of
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    the law. See In re Application of Olmer, 
    275 Neb. 852
    , 
    752 N.W.2d 124
     (2008). As we will explain, the evidence on each
    of the factors Howlett identifies was not as one-sided as she
    suggests and certainly did not preclude the district court from
    finding the special use permit was appropriately issued.
    With respect to the character of the neighborhood, Howlett
    attempts to portray the surrounding area as residential. In her
    testimony, however, she acknowledged that some of the 70
    nearby residences she referenced were not in Lancaster County.
    The county planner also testified that while there were some
    acreage lots in the surrounding area, it was “mostly still in
    agricultural use.” He also testified that a residential acreage
    development Howlett identified was over a mile away from
    the proposed site of Essink’s facility. Further, while section
    13.002 of the zoning regulations calls for consideration of the
    character of the neighborhood, the district court could also
    consider that Essink’s property was located in the agricultural
    district and that article 4 of the zoning regulations provides
    that the agricultural district “is designated for agricultural use
    and is intended to encourage a vigorous agricultural industry
    throughout the county and to preserve and protect agricultural
    production by limiting urban sprawl as typified by urban or
    acreage development.”
    Howlett’s argument regarding the effect of Essink’s pro-
    posed facility on traffic also takes a selective view of the
    evidence in the record. While she highlights testimony from a
    witness who believed that the increased traffic from the pro-
    posed facility would require the county to improve the adja-
    cent road, the record also contains evidence that the county
    engineer did not believe, based on the anticipated increased
    traffic of 1.4 trucks per day, that the road would require
    improvement.
    Howlett fares no better with her argument that the district
    court could not have considered the effect the proposed facility
    would have on the public health, safety, and general welfare.
    Although she asserts that the facility will reduce air quality
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    and lead to offensive odor, she does not point to concrete evi-
    dence supporting this assertion. In contrast, there is evidence in
    the record that a tool developed by the University of Nebraska
    Institute of Agriculture and Natural Resources estimated that
    even the immediate vicinity of the proposed facility would
    be free of odor 94 percent of the time. An official from the
    Lincoln-Lancaster County Health Department also testified that
    the proposed operation would be subject to the department’s
    enforcement of county air pollution regulations and that the
    department has the authority to, if necessary, ensure Essink is
    using reasonable odor control techniques.
    Howlett also asserts that the proposed facility will cause
    the value of surrounding property to decrease, but again does
    not point to nonspeculative evidence supporting this asser-
    tion. Instead, Howlett argues the district court was required
    to find the proposed facility would lead to decreased property
    values even in the absence of such evidence. She argues the
    district court was compelled to do so by Darnall Ranch v.
    Banner Cty. Bd. of Equal., 
    276 Neb. 296
    , 
    753 N.W.2d 819
    (2008). In that case, a property owner appealed a county
    board of equalization’s determination of his property value
    to the Tax Equalization and Review Commission. The prop-
    erty at issue was near a 20,000-head cattle feedlot, and there
    was unrefuted evidence that there were problems with dust
    and flies, that trucks traveling to and from the feedlot caused
    the home on the property to vibrate, and that the well for
    the home was connected to the cattle-watering facility. We
    held, under those circumstances, that the Tax Equalization and
    Review Commission’s failure to consider the effect the prox-
    imity of the feedlot would have on the property was arbitrary
    and unreasonable.
    We disagree that Darnall Ranch has any application here.
    This is not a challenge to the valuation of property. And, even
    setting that major difference aside, we relied on unrefuted evi-
    dence of the adverse effects of the feedlot in Darnall Ranch
    before concluding that it was unreasonable to fail to take the
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    Nebraska Supreme Court Advance Sheets
    308 Nebraska Reports
    EGAN v. COUNTY OF LANCASTER
    Cite as 
    308 Neb. 48
    feedlot into account when determining the property’s value.
    Howlett has not identified any similar evidence here.
    Finally, we disagree that evidence of Essink’s inexperience in
    running a poultry operation demonstrates that the district court
    did not consider the effect his facility would have on the public
    health, safety, and general welfare. Essink acknowledged his
    lack of experience, but Howlett cannot point to any evidence
    that a lack of experience will lead to detrimental effects on the
    public health, safety, and general welfare. Moreover, a repre-
    sentative of LPP testified that experience raising poultry is not
    necessary to be an LPP supplier and, in fact, may be preferable
    because LPP provides training and support and new suppliers
    have “no bad habits.”
    To this, Howlett argues that there is no assurance that LPP
    will provide the referenced training and support because there
    was no evidence in the record that Essink and LPP had entered
    into a contractual relationship. We disagree that this evidences
    a lack of commitment to Essink on the part of LPP. The record
    shows Essink has already received guidance and support from
    LPP. In addition to the evidence presented at trial, the fact that
    a representative of LPP testified at the district court in favor of
    Essink’s application demonstrates a commitment to assisting
    Essink with his proposed operation.
    In sum, the district court stated that it considered the fac-
    tors identified in section 13.002 of the zoning regulations,
    and we see no basis to question that assertion. Neither has
    Howlett identified any other error of law or clearly erroneous
    finding of fact. There is thus no basis to reverse the district
    court’s decision.
    CONCLUSION
    Because the district court did not err in affirming the county
    board’s issuance of the special use permit, we affirm.
    Affirmed.