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MEDICINE CREEK v. MIDDLE REPUBLICAN NAT.

No. S-16-209.

892 N.W.2d 74 (2017)

296 Neb. 1

MEDICINE CREEK LLC, appellee and cross-appellant, v. MIDDLE REPUBLICAN NATURAL RESOURCES DISTRICT, appellant and cross-appellee.

Supreme Court of Nebraska.

Filed March 10, 2017.

Attorney(s) appearing for the Case

Jon S. Schroeder , of Schroeder & Schroeder, P.C., Curtis, for appellant.

Stephen D. Mossman , of Mattson Ricketts Law Firm, Lincoln, for appellee.

Donald G. Blankenau , of Blankenau, Wilmoth & Jarecke, L.L.P., Lincoln, for amicus curiae Nebraska Groundwater Coalition.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy. Kelch, and Funke, JJ.

INTRODUCTION

The Middle Republican Natural Resources District (MRNRD) denied a landowner's request for a variance to drill a new well. Upon the landowner's appeal, the district court reversed MRNRD's decision. Because the district court committed plain error by applying the wrong standard of review, we reverse, and remand for...

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