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CROUSE v. PIONEER IRR. DIST.

No. S-05-402.

719 N.W.2d 722 (2006)

272 Neb. 276

Steven CROUSE and JoDean Crouse, husband and wife, appellants, v. PIONEER IRRIGATION DISTRICT et al., appellees.

Supreme Court of Nebraska.

August 18, 2006.

Attorney(s) appearing for the Case

Donald G. Blankenau and Jaron J. Bromm, of Blackwell, Sanders, Peper & Martin, L.L.P., Lincoln, for appellants.

Stanley C. Goodwin, of Goodwin Law Office, McCook, for appellees.

Leroy W. Orton, of Orton Law Office, Lincoln, for amicus curiae Nebraska State Irrigation Association.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

Steven Crouse and JoDean Crouse brought this action for mandamus to require Pioneer Irrigation District (District) and its individual directors to exclude 200 acres of the Crouses' farmland from the District and to refund taxes which the Crouses paid to the District on that land. Following an evidentiary hearing, the district court for Dundy County sustained a motion to dismiss filed by the District and its directors. The Crouses filed this timely appeal...

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