NebApp scolds party to boundary dispute on Platte River for not filing proper cross appeal

Action between 2 landowners whose common property boundary ran along the Platte River between Dawson and Phelps county. Edlund v. 4-S, LLC, 13 Neb. App. 800 Filed August 23, 2005. No. A-03-1425. By a change in the channel one property owner appeared to gain land from the other, but the other landowner claimed continued ownership by adverse possession. NCA held that Defendant's admission of NPPD Platte River maps indicating the main Platte River channel conclusively established the channel location, because the adverse party admitted the map's authenticity in a request for admissions. Further the adverse party seeking to hold the lost ground to channel change by adverse possession did not file a cross appeal on that issue. The Court held that the trial court should have taken the NPPD's designation of the main channel because "the conclusive determination that the thread exists in the middle channel at the western boundary of the land at issue raises a compelling inference that the thread continues in that channel as the stream crosses the boundary and continues between the lands belonging to Edlund and to 4-S."