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Weber v. North Loup River Public Power & Irrigation District

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Tuesday, April 29, 2014

S-13-0808, William Weber and Dixie Weber (Appellants) v. North Loup River Public Power and Irrigation District (Appellee).

Loup County, Judge Karin L. Noakes.

Attorneys:         Rodney J. Palmer (Appellants) (Palmer Law Group, L.L.C.) --- Adam J. Prochaska (Appellee) (Harding & Schultz, P.C., L.L.O.).

Civil:     Breach of contract and negligence claims concerning North Loup’s failure to deliver water to the Webers’ land.

Issues on Appeal: The trial court erred in (1) failing to determine if any amount of payment was due or owing at the time Appellants filed suit making the issue of prior payment a question of fact; (2) finding that Appellants had not paid the annual water assessment as a matter of contract which was a fact for the jury; (3) failing to find the District breached its contract to provide water to Appellants prior to their need or request for the irrigation water further making the need for payment a question of fact.

This page was last modified on Tuesday, April 29, 2014