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LACKAFF v. DEPARTMENT OF ROADS AND IRRIGATION

No. 32819.

43 N.W.2d 576 (1950)

153 Neb. 217

LACKAFF et al. v. DEPARTMENT OF ROADS AND IRRIGATION. In re APPLICATION NO. 4477.

Supreme Court of Nebraska.

July 24, 1950.

Attorney(s) appearing for the Case

Edgar M. Morsman III, Omaha, Morsman, Maxwell, Fike & Sawtell, Omaha, for appellant.

C. S. Beck, Atty. Gen., William T. Gleeson, Asst. Atty. Gen., for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CARTER, Justice.

This is an appeal from a judgment of the district court for Rock County sustaining the action of the Department of Roads and Irrigation in refusing to issue a permit for a proposed work of drainage.

The evidence shows that Frazier Lake lies within Sections 25 and 26, Township 28, Range 17, in Rock County. It covers approximately 160 acres. The lake watershed is small in area, the source of the waters of the lake in addition to surface waters...

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