Well drilling ban back to lower court

LINCOLN, Neb. — A well drilling moratorium variance request has been up, and down, and up and down, through meetings, trials and court hearings — the latest before the Nebraska Supreme Court, which sent it back to the Furnas County District Court for further review.

Medicine Creek LLC had filed a request for a variance from the Middle Republican Natural Resources District’s moratorium on new well drilling, and was denied the variance by the board.

Medicine Creek then requested an adjudicatory hearing to appeal this decision, and three people testified and numerous exhibits were received before a hearing officer. The MRNRD board of directors voted, again, to deny the variance, and Medicine Creek LLC filed a complaint in Frontier County District Court.

Following a bench trial, the Frontier County District Court found that the MRNRD’s decision “was not supported by the evidence, does not conform to the court and was therefore arbitrary.” The district court reversed the MRNRD board’s decision that denied the variance and directed the MRNRD to grant the variance.

The MRNRD filed an appeal to the Nebraska Supreme Court. Medicine Creek filed a cross-appeal claiming that the district court was wrong in not finding that the application of MRNRD’s rules and regs violated Medicine Creeks equal protection and due process rights and that the rules and regs were unconstitutional, and for not issuing declaratory and injunctive relief against the unconstitutional rules and regs.

The Nebraska Supreme Court ruled last week that the district court “committed plain error by applying the wrong standard of review,” and ordered the case returned to Frontier County District Court, ordering that the district court review its decision.

Because the case must be reviewed by the district court, the Supreme Court did not take up Medicine Creek LLC’s cross-appeal.