A-16-1213, Roger L. Gustafson and David Gustafson, individuals; and R.D.G. Enterprises, Inc. (Appellants) v. Paul J. Bodlak and Jean M. Bodlak, individuals; and the County of Thurston, Nebraska, a political subdivision of the State of Nebraska
Thurston County, District Judge John E. Samson
Attorney for Appellant: Clarence E. Mock (Johnson & Mock, P.C., L.L.O.)
Attorney for Appellee County of Thurston: Charles W. Campbell (Angle, Murphy & Campbell, P.C., L.L.O.)
Attorney for Appellees Paul J. Bodlack and Jean M. Bodlak: Thomas R. Wilmoth and Ellen C. Kreifels (Blankenau Wilmoth Jarecke, LLP)
Civil: Drainage dispute
Action Taken by Trial Court: The District Court for Thurston County denied injunctive relief and dismissed the Gustafsons’ claims for injunctive relief and damages as against all defendants.
Assignments of Error on Appeal: The Gustafsons assign that the district court err in: (1) failing to grant mandatory injunctive relief against Thurston County requiring Thurston county to remove a 54” metal pipe installed by the county within the Old Logan Creek channel that obstructed water reasonably expected to flow within the channel in violation of both the common law and Neb. Rev. Stat. § 31-224; and (2) failing to grant mandatory injunctive relief against the Bodlaks requiring them to remove soil placed into the Old Logan Creek channel on the Bodlak property that obstructed water expected to flow within the channel in violation of both the common law and Neb. Rev. Stat. § 31-224.