S-23-0169) Uhrich & Brown Limited Partnership (Appellee) v. Middle Republican Natural Resources District; Brad Randel, Chairman; and Jack Russell, Manager (Appellants)
S-23-0174) Merlin Brown (Appellee) v. Middle Republican Natural Resources District; Brad Randel, Chairman; and Jack Russell, Manager (Appellants)
Appeals from the District Court for Frontier County, Judge James E. Doyle
Attorneys: Donald G. Blankenau & Kennon G. Meyer (Blankenau Wilmoth Jarecke LLP for Appellants Middle Republican NRD) and Cody E. Siegfried (Goodwin Siegfried, LLP for Appellees)
Civil: Nebraska Groundwater Management Act and Administrative Procedures Act
Proceedings Below: The district court reversed and vacated the Middle Republication Natural Resources District’s [MRNRD’s] order against Uhrich & Brown Limited Partnership and against Merlin Brown. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket. The appeals were consolidated by order of the court.
Issues on Appeal: Appellants make the following assignments of error on both cases: 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 find that the Appellee violated the Rules and Regulations of the MRNRD and Nebraska Ground Water Management and Protection Act, NEB. REV. STAT. §§ 46-701 to 46-754 and to approve the MRNRD Order imposing a penalty; and 3) The District Court erred in finding that the opportunity for hearing provided by the MRNRD to the Appellee did not conform to due process.