Date of this Version
The development of large swine production facilities has been highly controversial in Nebraska for the past several years. On November 1, 2000 the Nebraska Supreme Court issued its first decision dealing substantively with local government efforts to regulate large swine facilities. In Enterprise Partners v Perkins County, 260 Neb. 650 (2000) the court ruled that county regulations requiring swine lagoons to be covered and regulating discharges from lagoons onto county roadways were zoning regulations, and in this case were invalid because no comprehensive plan had first been adopted. The court came to the correct conclusion but used an incorrect legal rationale that will cause needless confusion regarding livestock zoning by local governments.