Shotkoski v. Prososki

The defendant, who has a contractual interest in and is in possession of the southeast quarter of Section 14, Township 16 North, Range 5 West of the 6th P.M., Nance County, Nebraska, has appealed an order of the district court which enjoined him from obstructing the flow of water through a drainageway across that property.

He assigns as error that the trial court incorrectly determined that the drainageway mentioned in fact existed and that the court failed to find that the statute of limitations barred the action. However, he failed to argue the statute of limitations issue either in his…