Czarnick v. Loup River Public Power District

This is an action for money damages caused by flooding which resulted from a diversion of the Loup River from its natural course. The plaintiff also seeks injunctive relief against the State of Nebraska. From a judgment of dismissal in favor of both defendants on the pleadings, the plaintiff appeals. We affirm in part and reverse and remand in part.

' The plaintiff owns certain farm land in Nance County located south of the Loup River. In August of 1966 and *523again in March of 1969, flooding occurred on the north, and northwest portions of this land which caused erosion,, destroyed crops and…