Wilson Concrete Company v. County of Sarpy

This is an action by the plaintiff, Wilson Concrete Company, for damages and for an injunction requiring the defendant, Sarpy County, to provide an adequate passageway under a highway for the water of a natural watercourse. The district court dismissed the action and the plaintiff has appealed from that portion of the judgment denying injunctive relief.

The plaintiff is the owner of a 17-acre tract of land in Sarpy County, Nebraska. The tract is roughly an elongated isosceles triangle. The base and southerly boundary of the triangle is the embankment and right-of-way of old Highway No. 370,…