S-23-0751 Bryan Hauxwell and Ami Hauxwell (Appellees) v. Middle Republican Natural Resources District, Tracy Zink, Chairman, and Jack Russell, General Manager (Appellants)
Appeal from the District Court for Frontier County, Judge James E. Doyle, IV
Attorneys: George G. Vinton (Attorney for Appellees) and Jeffrey M. Cox (Dier Osborn & Cox PCLLO)
Civil: Groundwater management and protection
Proceedings Below: The Middle Republican Natural Resources District [MRNRD] ordered penalties against Appellees for alleged violations of groundwater rules and regulations. On appeal to the district court, it reversed the penalties and vacated the MRNRD’s order. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellants make the following assignments of error: 1) The district court erred in failing to review the MRNRD Board’s decision de novo on the record; 2) The district court erred in failing to make independent factual determinations and reach independent conclusions regarding the Hauxwells violations and the penalties assessed for such violations; 3) The district court erred in failing to find that the Hauxwells violated the MRNRD Rules and Regulations and the Nebraska Ground Water Management and Protection Act (“the Act”), Neb. Rev. Stat. §§46-701 to 46-754; 4) The district court erred in failing to approve the MRNRD’s Order imposing penalties for the violations; 5) The district court erred in finding that the opportunity for hearing provided by the MRNRD to the Hauxwells did not comport with due process; 6) The district court erred in finding that the MRNRD’s attorney and general manager were included in the decision-making process of the MRNRD Board at the July 29, 2021, violations hearing; 7) The district court erred in exercising jurisdiction over the MRNRD Board’s findings that the Hauxwells had violated the MRNRD’s Rules and Regulations and the Nebraska Ground Water Management and Protection Act (“the Act”); 8) The district court erred in reversing and vacating the penalties issued by the MRNRD against Hauxwells; and 9) The district court erred in reversing and vacating the penalties issued by the MRNRD against Ruggles Farms, Inc.