Nebraska Supreme Court
Johnson v. Village of Polk
July 3, 2025319 Neb. 352
Summary
The court affirmed the denial of declaratory relief, holding that Polk had statutory authority to require a permit for wells in its wellhead protection area and that the ordinance was not preempted by the groundwater-management statutes. The court also held that the ordinance did not interfere with existing farming because the loss of irrigation resulted from the breakdown of Johnson's arrangement with her neighbor, not from the ordinance. The appeal from the petition-in-error judgment was dismissed for lack of jurisdiction because Johnson failed to provide the required transcript or praecipe.