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NEMAHA NATURAL RESOURCES v. VILLAGE OF ADAMS

No. 43201.

301 N.W.2d 346 (1981)

207 Neb. 827

NEMAHA NATURAL RESOURCES DISTRICT, a Political Subdivision of the State of Nebraska, Appellant, v. The VILLAGE OF ADAMS, GAGE COUNTY, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

January 30, 1981.

Attorney(s) appearing for the Case

Steven G. Seglin of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellant.

James G. Sharp of Everson, Noble, Wullschleger, Sutter, Sharp & Korslund, Beatrice, for appellees.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and COADY, District Judge.

BOSLAUGH, Justice.

The plaintiff is a natural resources district. In 1969 its predecessor, a conservancy district, constructed a dam, described as a floodwater retarding structure, "Structure 7A," near the Village of Adams, Nebraska. As a part of the project, the district acquired from the owners of the land lying north of the dam an easement for the flowage, storage, and temporary detention of waters flowing over or through the dam.

In 1978 the defendant...

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