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SORENSEN v. LOWER NIOBRARA NATURAL RESOURCES

No. 84-224.

376 N.W.2d 539 (1985)

221 Neb. 180

Harvey L. SORENSEN and Margot Sorensen, Appellants and Cross-Appellees, v. LOWER NIOBRARA NATURAL RESOURCES DISTRICT, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

November 8, 1985.

Attorney(s) appearing for the Case

Donald J. Pepperl of Pepperl & Melcher, P.C., Lincoln, and Frank Roubicek, Creighton, for appellants and cross-appellees.

Steven G. Seglin and Leroy W. Orton of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee and cross-appellant.

Before KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Harvey L. and Margot Sorensen appeal the judgment entered in the district court for Knox County on a verdict in an eminent domain proceeding commenced by Lower Niobrara Natural Resources District (NRD). We reverse and remand for a new trial.

On February 4, 1981, NRD applied for a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act, Neb.Rev.Stat. §§ 46-638 to 46-650 (Reissue 1984) (the act), to install...

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