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FISHER v. LOWER PLATTE NORTH, ETC.

Nos. 81-710, 81-711.

322 N.W.2d 403 (1982)

212 Neb. 196

William FISHER, Jr., et al., Appellees, v. LOWER PLATTE NORTH NATURAL RESOURCES DISTRICT, Appellant. In re Appeal of TROUBLE CREEK/RAWHIDE WATERSHEDS, INC. TROUBLE CREEK/RAWHIDE WATERSHEDS, INC., et al., Appellees, v. LOWER PLATTE NORTH NATURAL RESOURCES DISTRICT, Appellant.

Supreme Court of Nebraska.

July 16, 1982.

Attorney(s) appearing for the Case

George E. Svoboda, P. C., of Sidner, Svoboda, Schilke, Wiseman & Thomsen, Fremont, for appellant.

Edward F. Fogarty of Fogarty, Lund & Gross, Omaha, for appellees Fisher et al.

David J. Cullan of Cullan, Cullan & Morrison, Omaha, for appellees Trouble Creek et al.

Paul L. Douglas, Atty. Gen., and G. Roderic Anderson, Asst. Atty. Gen., and James R. Cook, Lincoln, for amicus curiae Natural Resources Com'n.

Robert B. Crosby and Steven G. Seglin of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for amicus curiae Neb. Assn. of Natural Resources Districts.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

McCOWN, Justice.

This appeal involves two cases which were consolidated for trial in the District Court, both of which are appeals from an order of the Lower Platte North Natural Resources District dated March 6, 1980, which denied a petition of William Fisher, Jr., and 15 other landowners of the district to create a flood control project as a special assessment improvement project. See Neb. Rev.Stat. § 2-3255 (Reissue 1977). The denial was based on the ground...

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