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STATE EX REL. GRAMS v. BEACH

No. S-90-1049.

498 N.W.2d 83 (1993)

243 Neb. 126

STATE of Nebraska ex rel. Dennis GRAMS, Director, Department of Environmental Control, Appellant, v. Randall R. BEACH, Appellee.

Supreme Court of Nebraska.

April 2, 1993.

Attorney(s) appearing for the Case

Don Stenberg, Atty. Gen., William L. Howland, Timothy J. Doyle, and, on brief, Steven J. Moeller, for appellant.

Bradley D. Holtorf, of Sidner, Svoboda, Schilke, Thomsen, Holtorf & Boggy, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

WHITE, Justice.

Dennis Grams, as director of Nebraska's Department of Environmental Control (department), appeals the district court's dismissal of the department's action for civil penalties against appellee, Randall R. Beach. The district court held that although Beach had violated an administrative order, the State did not prove an element necessary to recover penalties for the violation. We reverse and remand.

During the time relevant to this action, Beach...

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