S-23-0791 Bryan Hauxwell and Ami Hauxwell (Appellants) v. Middle Republican Natural Resources District, Tracy Zink, Chairman, and Jack Russell, General Manager (Appellees)
Appeal from the District Court for Frontier County, Judge James E. Doyle, IV
Attorneys: Donald G. Blankenau and Kennon G. Meyer (Blankenau Wilmoth Jarecke LLP for Appellees MRNRD) and George G. Vinton (Attorney for Appellants)
Civil: Groundwater management and protection
Proceedings Below: Appellants appealed to the district court and requested review of the Middle Republican Natural Resources District [MRNRD] decision to deny them a pooling application, which the district court dismissed. 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 granting MRNRD’s motion to dismiss Appellants’ petition for review and in failing to allow Appellants to appeal the decision of MRNRD denying pooling pursuant to Neb. Rev. Stat. § 46-750; 2) The district court erred in failing to rule that the decision of MRNRD denying Appellants’ pooling application was an order under the Nebraska Groundwater Management and Protection Act under Neb. Rev. Stat. § 46-706(26), therefore, was appealable under Neb. Rev. Stat. § 46-750; 3) The district court erred in sustaining MRNRD’s objection to Appellant’s evidence offer of the Affidavit of Ami Hauxwell; 4) The district court erred in failing to grant Appellants’ motion to supplement the record; 5) The district court erred in failing to grant Appellants’ motion to disqualify counsel; and 6) The district court erred in failing to grant Appellants’ motion for attorney fees.