State Ex Rel. Grams v. Beach

Dennis Grams, as director of Nebraska’s Department of Environmental Control (department), appeals the district court’s dismissal of the department’s action for civil penalties against appellee, Randall R. Beach. The district court held that although Beach had violated an administrative order, the State did not prove an element necessary to recover penalties for the violation. We reverse and remand.

During the time relevant to this action, Beach owned a mobile home park in Norfolk. Situated on the property were two waste-water lagoons. The department discovered that the lagoons were leaking…