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IN RE KOCH

No. S-06-736.

736 N.W.2d 716 (2007)

274 Neb. 96

In re Applications of Loren W. KOCH. Loren W. Koch and Department of Natural Resources, appellees, v. Ronald E. Aupperle and Mary Ann Aupperle, appellants.

Supreme Court of Nebraska.

August 3, 2007.

Attorney(s) appearing for the Case

Donald G. Blankenau, Kevin Griess, and, on brief, Jaron J. Bromm, of Blackwell, Sanders, Peper, Martin, L.L.P., Lincoln, for appellants.

Stephen D. Mossman, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellee Loren W. Koch.

Jon Bruning, Attorney General, and Justin D. Lavene for appellee Department of Natural Resources.

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

PER CURIAM.

Ronald E. Aupperle and Mary Ann Aupperle appeal from an order of the director of the Department of Natural Resources (DNR) determining that they lacked standing to object to two applications filed by Loren W. Koch. One application sought approval of Koch's plans to construct a dam on an unnamed tributary that runs through properties owned by Koch and the Aupperles, and the other sought a permit to impound 50.5 acre-feet of water from the tributary via...

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