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STONACEK v. CITY OF LINCOLN

Nos. S-09-230, S-09-231, S-09-232.

782 N.W.2d 900 (2010)

279 Neb. 869

Troy and Shari STONACEK, appellees, v. CITY OF LINCOLN, a political subdivision, appellant. Bradley E. Sheaff and Jennifer K. Sheaff, appellees, v. City of Lincoln, a political subdivision, appellant. George Bristol and Lori Bristol, appellees, v. City of Lincoln, a political subdivision, appellant.

Supreme Court of Nebraska.

May 14, 2010.

Attorney(s) appearing for the Case

John V. Hendry, Lincoln City Attorney, and Steven Huggenberger, Lincoln, for appellant.

Gary J. Nedved, of Keating, O'Gara, Nedved & Peter, P.C., L.L.O., Lincoln, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF THE CASE

This appeal involves three separate lawsuits brought by homeowners, appellees, who built homes in an area near a tributary of the Cardwell Branch stream and experienced flooding in their homes. The lawsuits were consolidated by the district court for Lancaster County. Numerous parties named as defendants settled prior to trial, leaving the City of Lincoln, appellant, as the sole defendant at trial. Appellees claimed that...

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