ARMBRUSTER v. STANTON-PILGER DRAINAGE DIST.

No. 42318.

280 N.W.2d 72 (1979)

203 Neb. 772

Bert ARMBRUSTER and Irene Armbruster, husband and wife, Appellees, v. STANTON-PILGER DRAINAGE DISTRICT, Appellant.

Supreme Court of Nebraska.

June 19, 1979.


Attorney(s) appearing for the Case

Grady, Caskey & Thor, Stanton, for appellant.

Vince Kirby, Norfolk, for appellees.

Heard before BOSLAUGH, McCOWN, and BRODKEY, JJ., and RIST and WOLF, District Judges.


BOSLAUGH, J.

The plaintiffs own the north half of Section 24, Township 23 North, Range 2 East of the 6th P.M., in Stanton County, Nebraska. Cedar Creek enters the property from the south at a point near the southeast corner of the land, flows in a northwesterly direction across the northeast quarter of the section, and leaves the property of the plaintiffs at a point near the center of the north line of the section.

Prior to 1950 the Elkhorn River followed...

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