Johnson v. NM Farms Bartlett, Inc.

These two cases were consolidated for trial and for argument in this Court. In the first case filed in the district court, designated as case No. 85-964 in this court, appellant, Wheeler III, a Nebraska general partnership, sued appellee, NM Farms Bartlett, Inc., a Nebraska corporation, claiming the latter discharged diffused surface waters upon Wheeler Ill’s land, which is located immediately to the north of a portion of NM Farms’ lands, and sought damages and an injunction preventing NM Farms from so doing. Later, appellant, Robert E. Johnson, Jr., one of the three Wheeler III partners and…