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BABEL v. SCHMIDT

No. A-08-089.

765 N.W.2d 227 (2009)

17 Neb. App. 400

Thomas E. BABEL, appellant, v. Jerry SCHMIDT et al., appellees.

Court of Appeals of Nebraska.

March 3, 2009.

Attorney(s) appearing for the Case

David A. Domina, Omaha, of Domina Law Group, P.C., L.L.O., and Patrick J. Nelson, Kearney, of Jacobsen, Orr, Nelson, Lindstrom & Holbrook, P.C., L.L.O., for appellant.

Jerom E. Janulewicz, of Mayer, Burns, Koenig & Janulewicz, Grand Island, for appellees.

INBODY, Chief Judge, and SIEVERS and MOORE, Judges.

SIEVERS, Judge.

INTRODUCTION

This appeal involves conflicting claims of ownership to riparian land in the form of islands located between the banks of the Platte River in Merrick County, Nebraska. In a sentence, the resolution of the dispute depends upon whether the legally effective boundary is the present "thread of the stream" or whether there was an avulsive event proved, which, while changing the location of the thread of the stream, would not change...

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