ARKFELD v. VOLK

No. 40603.

251 N.W.2d 720 (1977)

198 Neb. 77

Rose E. ARKFELD et al., Appellees, v. John VOLK, Appellant, Impleaded with the County of Madison, Appellee.

Supreme Court of Nebraska.

March 23, 1977.


Attorney(s) appearing for the Case

Mueting, DeLay & Spittler, Norfolk, for appellant.

Kirby, Duggan & McConnell, Norfolk, for Arkfeld and others.

Daniel B. Flood, County Atty., Norfolk, for County of Madison.

Heard before SPENCER, McCOWN, and NEWTON, JJ., and CANIGLIA and COADY, District Judges.


COADY, District Judge.

This is an action for an injunction involving the course of drainage of impounded surface waters. The trial court enjoined John Volk and the County of Madison from allowing such water to drain through a county road ditch and required defendants to restore an excavation. Defendant Volk appeals.

John Volk is a defendant and owner of a leasehold estate in the north one-half of the northwest quarter of Section 2, Township 23 North, Range...

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