Koch v. Aupperle
Nebraska Supreme Court
737 N.W.2d 869 (2007)
- Written by Samantha Arena, JD
Facts
Ronald and Mary Ann Aupperle (defendants) began building a dam, for the purposes of creating a pond on their property along the banks of a tributary of a creek. Loren Koch (plaintiff), an adjacent landowner, used the downstream water of the tributary to source a pond on his own property, which he used for watering cattle. Koch had created the pond by damming the tributary in 1989. Koch brought suit against the Aupperles, seeking to enjoin construction of the dam, contending that their dam would interfere with the tributary source of water for his pond, preventing his use of the water. The district court issued the injunction, finding that Koch had priority of appropriation of the creek water based on the 1989 construction of his dam. The Aupperles appealed.
Rule of Law
Issue
Holding and Reasoning (Stephan, J.)
What to do next…
Here's why 802,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
