The EPA started enforcing the Clean Water Rule: Definition of “Waters of the United States” (the “Rule”) in some states on August 28, 2015. The Clean Water Act (the “Act”) applies to “navigable waters,” which the Act defines as “the waters of the United States, including territorial seas.” The Rule […]
Dirt Alert
Nebraska Court of Appeals Holds a Landowner Could Divert The Flow of Ground Water, if Necessary and Reasonable Under All the Circumstances
on Friday, 4 September 2015 in
Dirt Alert: David C. Levy, Editor
Kobza v. Bowers, 23 Neb. App. 118 (2015). The Kobzas (“Kobza”) and Bowerses (“Bowers”) owned adjacent residential lots, and a drainage way passed through the properties. Kobza’s basement flooded, and he installed a dewatering well with an outflow pipe connected to another pipe running underneath the Bowers property, discharging water […]
Nebraska Supreme Court Upholds a Sarpy County Zoning Ordinance That Exempts Property Owners Who Filed a Plat Prior to the Adoption of the Ordinance
on Friday, 4 September 2015 in
Dirt Alert: David C. Levy, Editor
Dowd Grain Co. v. Sarpy Cnty., 291 Neb. 620 (2015). The Nebraska Supreme Court upheld the constitutionality of an overlay zoning ordinance that exempts properties platted before the effective date of the ordinance. In doing so, the court rejected a non-exempt landowner’s claim that the ordinance is unconstitutional. In March […]
Nebraska Supreme Court Holds a Unit Owner Could Bring a Derivative Action on Behalf of His Condominium Association
on Friday, 4 September 2015 in
Dirt Alert: David C. Levy, Editor
McGill v. Lion Place Condo. Ass’n, 291 Neb. 70 (2015). Paul McGill and Michael Henery developed the Lion Place Condominium (“Lion Place”) in Omaha, Nebraska. They recorded a Declaration of Condominium Property Regime (the “Declaration”) for Lion Place that established twelve residential units, four commercial units, common elements, and limited […]
104th Nebraska Legislature: Interim Study Resolutions
on Tuesday, 4 August 2015 in
Dirt Alert: David C. Levy, Editor
The Nebraska Legislature introduced 129 legislative resolutions for study during the interim period between the 2015 session and the 2016 legislative sessions. Here is a list of the resolutions that may be of interest to you, including the resolution number, sponsor, committee of jurisdiction, and scheduled hearing date (if available). […]
