DeLaet v. Blue Creek Irrigation District

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DeLaet v. Blue Creek Irrigation District

Case Number
A-14-0500
Call Date
May 12, 2015
Case Time
1:00 PM
Case Summary

A-14-500, David DeLaet, Gerrod Toepfer, and Allen Peterson (Appellants) v. Blue Creek Irrigation District

Keith County, District Court Judge Derek Weimer

Attorney for Appellant: Gregory J. Beal (Longhorn Law)

Attorney for Appellee: Steven C. Smith (Smith, Snyder, Petitt, Hofmeister & Snyder

Civil Action: Declaratory Judgment; Mandamus Relief; Mandatory Injunction

Action Taken by Trial Court: The trial court granted summary judgment in favor of Blue Creek on its counterclaims for declaratory judgment and denied appellants' motion for partial summary judgment in regard to declaratory judgment. The court also granted summary judgment to Blue Creek regarding appellants' writ of mandamus and permanent injunction causes of action. It also found that all causes of action were barred by the statute of limitations.

Assignments of Error on Appeal: Did the trial court err in sustaining Blue Creek's motion for summary judgment? Did the trial court err in finding appellants were not entitled to mandamus relief or injunctive relief? Did the trial court err in finding appellants' causes of action were barred by the statute of limitations?

Case Location
North Platte
Panel Text
Moore, Chief Judge, Pirtle, and Bishop, Judges