Fedder V. Mccurdy

Mobile Premix Concrete, Inc. (Mobil Premix), the Douglas County Board of County Commissioners, and the Douglas County Board of Adjustment appeal the trial court's judgment which reversed both a decision by the County Commissioners granting an application to rezone a parcel of land, and a decision by the Douglas County Board of Adjustment granting a height variance to Mobil Premix. Appellants argue that: 1) the plaintiffs lack standing to pursue this appeal;  2) the trial court improperly substituted its judgment for that of the County Commissioners and ignored competent record evidence when it reversed the County Commissioner's decision to grant the rezoning application; 3) the trial court erred in finding that the Board of Adjustment did not have jurisdiction to act upon the variance without Mobil Premix first being denied a building permit; and 4) the trial court erred in finding that the notice of the Board of Adjustment hearing was insufficient to confer jurisdiction upon the Board to proceed. They also contend that the trial court erred in finding that the Board of Adjustment was illegally constituted. We affirm in part, reverse in part, and remand for such other proceedings as may be appropriate.