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CHIMNEY ROCK IRR. DIST. v. FAWCUS SPRINGS IRR.

No. 83-832.

359 N.W.2d 100 (1984)

218 Neb. 777

CHIMNEY ROCK IRRIGATION DISTRICT, a public corporation, Appellee and Cross-Appellant, v. FAWCUS SPRINGS IRRIGATION DISTRICT, a public corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

December 7, 1984.

Attorney(s) appearing for the Case

Steven C. Smith of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellant.

Clark G. Nichols of Winner, Nichols, Douglas & Kelly, Scottsbluff, for appellee.

KRIVOSHA, C.J., BOSLAUGH, HASTINGS, CAPORALE, and SHANAHAN, JJ., and COLWELL, District Judge, Retired.

CAPORALE, Justice.

Defendant-appellant, Fawcus Springs Irrigation District, instituted a proceeding in the county court to condemn certain land owned by plaintiff-appellee, Chimney Rock Irrigation District. On appeal by Chimney Rock the district court dismissed the proceeding. Fawcus Springs appeals that judgment of dismissal to this court, assigning as error the district court's finding that the taking was for a private rather than a public use, and further claiming...

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