Prokop v. Lower Loup Natural Resources District

by
The Supreme Court affirmed the district court’s order affirming the findings and modifying a cease and desist order of the Lower Loup Natural Resources District (LLNRD) Board directing Appellant to suspend use of ground water wells, holding that LLNRD had authority to impose a suspension of ground water access for noncompliance with LLNRD’s annual reporting requirements. Specifically, the Court held (1) the district court did not err in determining that LLNRD had authority to impose a suspension of ground water access for noncompliance with reporting requirements; (2) Appellant’s due process rights were not violated in the proceedings before the Board; (3) Appellant was not denied the possibility of competent judicial review; (4) the suspension of Appellant’s ground water access was not a taking without just compensation; (5) the district court did not err in declining to supplement LLNRD’s record and receive exhibits 4 and 5; (6) Appellant was not entitled to attorney fees because he was not the prevailing party; and (7) the district court did not err in its modification of the duration of Appellant’s penalty. View "Prokop v. Lower Loup Natural Resources District" on Justia Law