And board member Arnold Nesbitt said it was offensive for opponents to bring up the income of the business’s customers and to talk about trailer homes and $125,000 houses as more appropriate neighbors for self-storage.

Although Nesbitt, who is black, had not mentioned race, an opponent stood and yelled at him, “You’re the racist!”

In their lawsuit, the neighbors contended that the Planning Board’s reaction showed that they were not impartial, “in effect became witnesses” for the developer and did not sufficiently consider neighbors’ viewpoint.

The Nebraska Supreme Court disagreed.

“Certainly, the Homeowner who offered the suggestion had the right to protect his property investment, which he believed would be adversely affected by the proposed uses,” the court’s opinion says. “However, a Planning Board member’s redirecting the Homeowner’s comments does not equate with partiality or becoming a witness.”

The justices found that homeowners were allowed to offer evidence and their opinions. The court found that the city gave the neighbors due process, and that the Planning Board based its decision on relevant evidence and city ordinance.