202581P.pdf   07/27/2021  Robert Bruning  v.  City of Omaha
   U.S. Court of Appeals Case No:  20-2581
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Arnold and Stras, Circuit Judges] 
   Civil case. In an action alleging the City's zoning enforcement actions 
   violated the Equal Protection Clause and were equitably estopped, the 
   district court did not err in granting the City's motion for summary 
   judgment; plaintiffs' equal protection claim fails (even assuming 
   zoning-enforcement decisions are susceptible to class-of-one challenges) 
   because they did not establish that the City lacked a rational basis for 
   the differential treatment between plaintiffs' property and other 
   properties; plaintiffs did not show that they were identical or directly 
   comparable to any of the comparator property owners in every respect that 
   was material to the City's decision to enforce the building code against 
   the plaintiffs; non-merits-based arguments for reversal on the equal 
   protection claim rejected; plaintiffs did not present sufficient evidence 
   of affirmative misconduct to withstand summary judgment on their 
   equitable-estoppel claim.