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Coverage of NPPD Suit Spreads, Domina Law Group Featured in Lincoln Journal Star

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With ATV-riding surveyors on the horizon, Domina Law Group’s clients have only begun their fight to stop the Nebraska Public Power District from encroaching on their ranch in the Sandhills.

Citing Nebraska Revised Statute § 76-702, surveyors from the Nebraska Public Power District (NPPD) have begun plans for their $361 million transmission line project, which would cross Nebraska’s fragile Sandhills region. Also in the proposed path – Brush Creek Ranch, owned by Dan and Barbara Welch. The Welch’s, represented by Domina Law Group, recently filed a suit in Thomas County District Court that asserts § 76-702 is unconstitutional, and the NPPD has no right to enter their ranch land.

Brush Creek Ranch is nearly 30 years old. As part of the Sandhills region, the Welch’s know how intolerant the ecology is there to change. Not only is the soil easily disrupted, but many endangered species have also made the Sandhills their home. The importance of maintaining this area is not lost on the Welch’s, who have opted to use horses to care for their ranch in lieu of the typical four-wheeler. And if you’re ever interested in going back in time, visit to the Sandhills.

“There are very few places you can go that look the same as they did 100 years ago,” commented Barbara Welch. “God has created something so unique, and we have to take care of it.”

The Welch’s, who aren’t the only landowners to oppose the NPPD’s latest project, met with surveyors near their property on April 13. In their lawsuit, they claim the NPPD agreed not to enter their property without first getting the court’s permission, so after the meeting, they locked their gates. It was the next day that the Welch’s got a call from the county attorney who explained they had locked surveyors from the NPPD onto their property, and they needed to bet let out. After this incident, the Welch’s wasted no time contacting Omaha attorney Dave Domina.

Less than a week later, Domina filed a lawsuit on behalf of the Welch’s in Thomas County District Court. The NPPD has so far declined to comment on the suit, but maintains its stance that the NPPD’s conduct thus far has been lawful.

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