Township Makes “Moo”ves Against Dairy: The Nebraska Supreme Court Recognizes Local Government Regulation of Agriculture in Butler County Dairy, L.L.C. v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013)

Authors

Jennifer S. Dannehl, University of Nebraska College of Law

Abstract

This Note focuses on the legal doctrine known as Dillon’s Rule and whether the Nebraska Supreme Court should have more fully considered Dillon’s Rule in its interpretation of local government authority. Part II of this Note provides a legal background for local government law, particularly in the area of townships, and describes the legal doctrines of Dillon’s Rule and preemption. Part III continues with a summary of the facts and the court’s holding in Butler County Dairy. Part IV considers the legal developments in other jurisdictions and discusses the consequences of the court’s refusal to apply a Dillon’s Rule framework. Part IV concludes with a discussion of the court’s implicit call to the Nebraska Legislature for statutory reform.

Recommended Citation

Jennifer S. Dannehl, Township Makes “Moo”ves Against Dairy: The Nebraska Supreme Court Recognizes Local Government Regulation of Agriculture in Butler County Dairy, L.L.C. v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013), 93 Neb. L. Rev. 196 (2014)
Available at: https://digitalcommons.unl.edu/nlr/vol93/iss1/7