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CAPPEL v. STATE DEPT. OF NAT. RESOURCES

No. S-16-1037.

905 N.W.2d 38 (2017)

298 Neb. 445

Rodney CAPPEL et al, appellants and cross-appellees, v. STATE of Nebraska DEPARTMENT OF NATURAL RESOURCES, an executive department and agency of the State of Nebraska, and Jeff Fassett, in his official capacity as director of the Department of Natural Resources, appellees and cross-appellants.

Supreme Court of Nebraska.

Filed December 22, 2017.

Attorney(s) appearing for the Case

Stephen D. Mossman , Lincoln, Ryan K. McIntosh , Nebraska City, and Patricia L. Vannoy , Lincoln, of Mattson Ricketts Law Firm, for appellants.

Douglas J. Peterson , Attorney General, Justin D. Lavene , and Kathleen A. Miller , Lincoln, for appellees.

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

INTRODUCTION

This case involves the administration of the Republican River Compact. Appropriators Rodney Cappel; Steven Cappel; Cappel Family Farm LLC; C & D Cappel Farms, L.L.C.; and Midway Irrigation, Inc. (collectively the Cappels) appeal the order of the district court for Hitchcock County that dismissed their complaint...

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