Gustafson v. Bodlak

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Gustafson v. Bodlak

Case Number
A-16-1213
Court Number
Thurston
Call Date
March 13, 2018
Case Time
1:30 PM
Case Summary

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.

Case Location
Norfolk
Court Type
District Court
Schedule Code
A1
Panel Text
Riedmann and Bishop, Judges, and Inbody, Judge, Retired