LINGENFELTER v. LOWER ELKHORN NRD

No. S-14-1112.

881 N.W.2d 892 (2016)

294 Neb. 46

Burton P. LINGENFELTER, appellant, v. LOWER ELKHORN NATURAL RESOURCES DISTRICT, appellee.

Supreme Court of Nebraska.

Filed July 8, 2016.


Attorney(s) appearing for the Case

Stephen D. Mossman , Joshua E. Dethlefsen , Lincoln, and Ryan K. McIntosh , of Mattson Ricketts Law Firm, for appellant.

David A. Dudley and Colin A. Mues , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee.

Heavican, C.J., Wright, Connolly, McCormack, Miller-Lerman, Cassel, and Stacy, JJ.


I. INTRODUCTION

A natural resources district ordered a farmer to stop irrigating Dunaway Farm, because the district's rules prohibited use of ground water for new irrigated acres within the district's management area without a variance. The farmer took the matter to the district court in two ways: an appeal using the Administrative...

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