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David is a partner with Rembolt Ludtke. His practice areas include municipal and governmental law, water and natural resources law, and general litigation. David’s background in agriculture, advanced education in municipal management, and legal training and experience, including having clerked for the United States Court of Appeals for the Eighth Circuit, provide the foundation for effective service to clients in these areas.

David Bargen

Legal Assistant

Practice Areas

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Agriculture
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Environmental, Water and Natural Resources
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Government and Lobbying
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Litigation
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Education/Admissions
Professional/Community
Successes
Media
Water Watch
Education/Admissions
Education
  • University of Nebraska at Kearney, B.S., Political Science and Public Administration, cum laude, 1996
  • University of Nebraska at Omaha, Masters of Public Administration, 1999
  • University of Nebraska College of Law, J.D., with high distinction, 2004
  • Executive Editor, Nebraska Law Review (2002-04)
  • The Order of the Coif
  • Student Body President and Student Regent, University of Nebraska at Kearney (1995-96)
Admissions
  • Nebraska
  • U.S. District Court (D. Neb.)
  • U.S. Court of Appeals (8th Circuit)
Professional/Community
  • Judicial Clerk to the Hon. C. Arlen Beam, Judge, United States Court of Appeals for the Eighth Circuit (2004-06)
  • Nebraska State Bar Foundation, Lifetime Fellow
  • Nebraska State Bar Association
  • Nebraska State Bar Association Government and Administrative Practice Section, Executive Committee and Legislative Review Committee
  • Nebraska Association of Trial Attorneys
  • Lincoln Bar Association
  • Groundwater Foundation Advisory Board (2013)
  • Nebraska Water Resources Association Member
  • University of Nebraska Water Center, Robert B. Dougherty Water for Food Institute and College of Law Water Law Conference Planning Committee and Presenter (2008-present)
  • Leadership Nebraska, Class of 2008
  • Nebraska State Bar Association Mock Trial Competition, Regional Competition Co-Coordinator, Performance Judge, Presiding Judge (2006-08, 2015)
  • Lincoln Bar Association Law Day Committee, Member, Presenter, and Past Chair (2005-09)
  • Leading Individual—Commercial Litigation Lawyers in Nebraska, Chambers USA: America’s Leading Lawyers for Business (2013 – present)
  • Selected for listing in Great Plains Super Lawyers, Environmental (Named Rising Star in 2013-14)
  • American Legion Cornhusker Boys State Presenter/Facilitator on Municipal Government (2010-11, 13-15)
  • Lincoln Literacy, Corporate Secretary, Board Vice President, Board President (2005-15)
Successes
  • Jeffrey Lake Development, Inc. v. The Central Nebraska Public Power and Irrigation District, 2016 WL 3251971, Case No. A-15-277 (Neb. Ct. App., June 7, 2016) (successfully defended public power and irrigation district in dispute of rights under lease of reservoir shoreline).
  • Frederick v. City of Falls City, 289 Neb. 864 (2015) (submitted amicus curiae brief on behalf of the League of Nebraska Municipalities asserting legal argument adopted by Supreme Court in analysis of Public Records Act application to economic development corporations)
  • City of Waverly v. Hedrick, 283 Neb. 464 (2012) (in case of first impression, successfully obtained set-off of lien for nuisance abatement on property subject to city condemnation proceeding)
  • City of Falls City v. Nebraska Municipal Power Pool et al., 279 Neb. 238 (2010) (on appeal to Supreme Court, obtained dismissal of complex litigation that sought over $40 million filed against corporation formed by interlocal agreement between multiple Nebraska municipalities)
  • City of Ashland v. Strode, Case No. A-05-467, 2007 WL 1276944 (Neb. Ct. App., May 01, 2007) (obtained judgment and injunctive relief against use of real property in violation of municipal code)
Media
  • MPA Capstone Project:  The Practical Policy Role of the City Manager/Administrator in Nebraska Municipal Administration
  • Who Is Your Client When You Represent The Government:  A Discussion of Beutler v. Christensen et al., Case No. CI16-3328, Lancaster County District Court, Presented at the 2017 Nebraska State Bar Association Annual Meeting, LaVista, Nebraska (2017).
  • Nebraska Supreme Court Adopts New Test For Determining Public Records, Nebraska Municipal Review (June 2015).
  • Effectively Tackling Nuisance Issues in Nebraska’s Cities of the Second Class, Presented at the League of Nebraska Municipalities 2015 Municipal Accounting & Finance Conference, Kearney, Nebraska (2015).
  • Zoning Changes and Exceptions: Prior Non-Conforming Uses, Variances, ‘Spot’ Zoning, Presented at the Nebraska State Bar Association Government Practice Section Annual Seminar (2015).
  • Legislative and Regulatory Update, Presented at the University of Nebraska Water Center, Robert B. Dougherty Water for Food Institute and College of Law Water Law Conference (2015).
  • Development of Nebraska Water Laws: Quantity, Quality, and Usage, Presented at the Halfmoon Education, Nebraska Water Laws and Regulations Seminar (2014).
  • What You Need To Know About Public Records and Open Meetings in Nebraska, Presented at Lorman Seminars (2014).
  • Public Records Issues and Open Meetings Laws, Presented at the National Business Institute Seminar on Local Government Law: What Attorneys Need to Know (2013).
  • Overview of the Open Meetings Act and Electronic Discovery and Public Records, Presented at Lorman Seminars, What You Need to Know About Public Records and Open Meetings (2013).
  • Henderson v. City of Columbus: Nebraska Supreme Court Clarifies ‘Intent’ or ‘Foreseeability’ Required For Eminent Domain/Inverse Condemnation, Nebraska Municipal Review (April 2013).
  • Water Rights and Real Estate, Presented at the Nebraska State Bar Association Annual Real Estate and Probate Seminar (2012).
  • Water Use Transfers: Current Procedures and Possible Measures for Improvement, Presented at the University of Nebraska College of Law Water Law Conference (2011).
  • Of Threads And Centerlines: Riparian Boundary Disputes, Presented at the University of Nebraska College of Law Water Law Conference (2010).
  • Leadership Nebraska Fosters “Nebraska Patriotism,” Commencement Address at Leadership Nebraska 2008 Ceremony, published in The Executive (December 2008).
  • Author: “The Frequency of Redistricting in Nebraska and the Balance Between One Person, One Vote and Electoral Stability: How Often Is Too Often?” 82 Neb. L. Rev. 575 (2003)
Water Watch

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Missouri River reservoirs ready to handle floodwaters

The North Platte Telegraph: Officials say the reservoirs along the Missouri River are ready to handle the floodwaters that are expected to flow into the system this year. The U.S. Army Corps of Engineers says it has the full flood storage space available in the reservoirs, so it is in good shape headed into the…

Water fluoride controversy playing out in Ida County, Iowa

Sioux City Journal: Ida Grove city leaders and residents disagree on whether fluoride should continue to be placed in the city water supply, so residents in the Ida County town seat may be surveyed on the subject. Ida Grove Councilman Doug Clough on Friday said the fluoride issue at hand may be placed as a…

North Platte NRD opens enrollment in EPIC program

Kearney Hub: The North Platte Natural Resources District (NRD) is opening enrollment in the Encouraging Producer Innovation through Conservation (EPIC) allocation buy-back program, which will help the District meet obligations under its Integrated Management Plan. The EPIC Program provides financial incentives for producers to help the District reduce consumptive use and reach its resource management…

Terrytown water project ready to flow

Scottsbluff Star-Herald: Once the costs were revised, Terrytown is about ready to start work on the next phase of its project to completely update the city’s water system. The city has already completed its connection with Gering, which is providing water for Terrytown. The next two phases are to upgrade the city’s water mains and…

Water district shares plan to improve water quality

Norfolk Daily News: Water quality in the Lewis & Clark Natural Resources District is becoming an issue. “In recent years, we have been seeing an increase of nitrates in the ground water in the Bazile Creek watershed and also in central Cedar and Knox counties. We started wondering what’s going on with our surface water,”…

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