Cappel v. State

The Supreme Court affirmed in part and reversed in part the judgment of the district court dismissing Appellants’ complaint without leave to amend. The complaint stemmed from Nebraska Department of Natural Resources’s (DNR) issuance of closing notices to holders of surface water permits, which barred Appellants from using the surface waters of the Republican River and its tributaries to irrigate their crops. Appellants alleged claims for relief under 42 U.S.C. 1983 and that they had been subject to an inverse condemnation. Appellants also alleged that their due process rights had been violated and sought restitution. The district court dismissed the amended complaint pursuant to Neb. Rev. Stat. 6-1112(b)(6) without leave to amend. The Supreme Court held (1) Appellants failed to state a claim for inverse condemnation; but (2) the district court erred in failing to find that it lacked subject matter jurisdiction over Appellants’ claims for relief under 42 U.S.C. 1983, due process, and restitution. The court remanded with directions to dismiss for lack of subject matter jurisdiction those claims barred by sovereign immunity. View "Cappel v. State" on Justia Law