Commission.’ ” 451 N.W.2d at 704. After the council rezoned the property as requested by the neighbors, it then denied Whitehead Oil’s application. Whitehead Oil contended that it had acquired a vested right in the prior zoning because of the filed permit application. The Nebraska Supreme Court rejected this argument, noting that Whitehead Oil had neither commenced construction nor expended a substantial amount of money so as to deprive Lincoln of the right to exercise its police power. 451 N.W.2d at 706. Nevertheless, the court held: All the same, a zoning authorit N.W.2d 819, 825 (1976) (recognizing the merit in zoning estoppel but record lacked evidence of arbitrary, capricious, or unreasonable conduct); PMC Realty Trust v. Town of Derry, 125 N.H. 126, 480 A.2d 51, 55 (1984) (<HOLDING>); State ex rel. Humble Oil & Ref. Co. v.
holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims holding that if the town acted in bad faith in negotiations and litigation which prevented construction then the plaintiffs on remand cannot be deemed to have lost any rights to vest that they would have been able to exercise in the absence of bad faith holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith holding that an insurer acted in bad faith by failing to keep the insured informed of settlement negotiations holding that a bad faith claim is a tort