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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Republican River Lawsuits

Attorney David Domina was recently featured in a Lincoln Journal Star article about the Republican River lawsuits. Nebraska is on the verge of a drought, which makes this debate over the Republican River even more pertinent. Senator Mark Christensen believes that this is not the end of the water lawsuits, especially if the state limits groundwater irrigation on land within a 2.5 mile radius of Republican basin rivers and streams.

The Republican River controversy dates back to a 1943 agreement between Nebraska, Colorado and Kansas. This compact dictates the percentage of water from the Republican River each state is entitled to. The agreement allots 49 percent to Nebraska, 40 percent to Kansas and 11 percent to Colorado. Kansas frequently accuses Nebraska of violating this agreement, saying they are taking more than their 49 percent share. Accusations such as this have resulted in two lawsuits, one which is pending in U.S. Supreme Court.

A separate lawsuit involving two groups of Nebraska irrigators, filed by David Domina, accuses Governor Dave Heineman, the Department of Natural Resources, the Upper Republican NRD and the U.S. Department of Interior (among others) of disrupting the natural movement of surface streams, thereby harming Nebraska irrigators. Nebraska lawmakers already have plans in place to compensate Nebraska farmers when the state limits or takes away their irrigation in the Republican basin. Mr. Domina stated his conviction that the irrigators he is representing have no other practical way to discuss their concerns with the state.

To learn more about the Republican River lawsuits and Attorney David Domina, you can read the article in full at: Lawmaker Fears More Republican River Lawsuits.

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