S-24-0693 Marjorie Johnson (Appellant) v. Village of Polk (Appellee)
Appeal from the District Court for Polk County, Judge Rachel A. Daugherty
Attorneys: Jared J. Krejci (Smith, Johnson, Allen, Connick & Hansen for Appellant) and Appellee is in default
Civil: City ordinance and Nebraska Ground Water Management and Protection Act.
Proceedings below: The local natural resources district gave Appellant permission to construct an irrigation well, but Appellee denied her permission to do so based upon a local ordinance. Appellant then sought to declare the local ordinance invalid, and the district court declined to do so. Appellant petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered that this case be transferred to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in determining that Ordinance No. 328 was not preempted, facially or as applied, by the Nebraska Ground Water Management and Protection Act; 2) The district court erred in determining that Ordinance No. 328 was not preempted, facially or as applied, by the Upper Big Blue Natural Resources District’s regulations; 3) The district court erred in determining that, as applied, Ordinance No. 328 did not exceed the authority given to villages by Neb. Rev. Stat. § 17-1001; and 4) The district court erred in determining that the Village had statutory authority to enact Ordinance No. 328.