Kluck v. Mentzer

Rist, D.J.

Plaintiffs, Cyril and Goldie Kluck, commenced two actions in the district court for Colfax County, Nebraska, seeking injunctive relief against defendants in each case for removal of embankments on defendants’ properties, which plaintiffs alleged interfered with the natural drainage of surface and flood waters, thereby causing plaintiffs’ damages, and additionally, in one action, seeking restoration of claimed loss of lateral support of plaintiffs’ land. Said actions were consolidated for trial, following which both were dismissed. Plaintiffs appeal both judgments of dismissal, which…