SULLIVAN v. HOFFMAN

No. 42804.

296 N.W.2d 707 (1980)

207 Neb. 166

John P. SULLIVAN and Milrae Sullivan, husband and wife, Appellants, v. Arthur C. HOFFMAN, Appellee.

Supreme Court of Nebraska.

September 12, 1980.


Attorney(s) appearing for the Case

E. Merle McDermott, Grand Island, for appellants.

Cunningham, Blackburn, VonSeggern, Livingston, Francis & Riley, Grand Island, for appellee.

Heard before BOSLAUGH, BRODKEY, and HASTINGS, JJ., and BUCKLEY and WINDRUM, District Judges.


BUCKLEY, District Judge.

This is an action between adjoining farmland owners in Hall County, Nebraska, wherein the plaintiffs, John P. Sullivan and Milrae Sullivan, seek to enjoin the defendant, Arthur C. Hoffman, from maintaining a dike near the boundary of their adjoining property, which dike plaintiffs claim prevents the natural flow of water from running off plaintiffs' property and into a lagoon or pond on defendant's property.

The defendant cross-petitioned...

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