S-13-0808, William Weber and Dixie Weber (Appellants) v. North Loup River Public Power and Irrigation District (Appellee).
Loup County, Judge Karin L. Noakes.
Attorneys: Rodney J. Palmer (Appellants) (Palmer Law Group, L.L.C.) --- Adam J. Prochaska (Appellee) (Harding & Schultz, P.C., L.L.O.).
Civil: Breach of contract and negligence claims concerning North Loup’s failure to deliver water to the Webers’ land.
Issues on Appeal: The trial court erred in (1) failing to determine if any amount of payment was due or owing at the time Appellants filed suit making the issue of prior payment a question of fact; (2) finding that Appellants had not paid the annual water assessment as a matter of contract which was a fact for the jury; (3) failing to find the District breached its contract to provide water to Appellants prior to their need or request for the irrigation water further making the need for payment a question of fact.