Puncochar v. Rudolf
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The case is a dispute over the boundaries of two land tracts, Government Lot 1 (GL1) and Government Lot 7 (GL7), located in Howard County, Nebraska, owned by Judith Puncochar and the Rudolfs and the Sacks (GL7 Owners) respectively. The Nebraska Supreme Court affirmed the lower court's decision that the boundary between the properties lay at the thread of the Middle Loup River.
The appellant, Puncochar, argued that the original government survey generated a metes and bounds description with four linear sides for GL1, instead of a description with a riparian side. However, the court disagreed and found the original government survey and the accompanying field notes showed GL1 to be riparian, meaning it bordered the river. As a result, the court determined that the boundary between GL1 and GL7 is the thread of the river.
The court also addressed Puncochar's argument regarding a fixed acreage of 53 acres for GL1 specified in the patent. The court clarified that the original survey, which depicted a riparian boundary and was part of the patent, was controlling and gave no assurance that the size of the riparian property would remain fixed at any particular size.
The court affirmed the district court's entry of summary judgment establishing the boundary between GL1 and GL7 as the thread of the stream of the Middle Loup River.
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