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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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Nebraska City Preps For Six Months Without Water/Wastewater Treatment Plants

Water Online: As the American Midwest works to recover from catastrophic flooding that has plagued the area since mid-March, some communities are just setting out on the long road to recovery. In one example of just how disruptive the disaster has been, critical water and wastewater treatment operations that residents in Nebraska depend on will…

$12M contract awarded for levee repair near Hamburg, Iowa

The North Platte Telegraph: The U.S. Army Corps of Engineers in Omaha says it has awarded a $12 million contract to repair a Missouri River levee near Hamburg, Iowa, that broke during catastrophic flooding last month. The Corps says the breach repair should provide temporary flood protection of critical infrastructure. The contract was awarded to…

Senators Seek USDA-Wide Water Quality Initiative For Conservation Measures

KRVN 880 Rural Radio: A bipartisan group of Senators is seeking a USDA-wide National Water Quality Initiative to prioritize conservation measures in the 2018 Farm Bill to address water quality. In a letter, the Senators point out that the 2018 Farm Bill made “historic investments” in voluntary conservation efforts to address water quality challenges. Specifically,…

Army Corps takes heat in wake of Missouri River flooding

Kearney Hub: The federal agency that manages dams along the Missouri River received stern criticism from several U.S. senators Wednesday during a hearing held in Iowa to examine the massive spring flooding this year that caused more than $3 billion in damage in the Midwest. The flooding and actions taken by the U.S. Army Corps…

Midwest Lawmakers File Tax Relief Bill For Disaster Victims

KRVN 880 Rural Radio: Midwest lawmakers last week introduced a bill that would provide tax relief for disaster victims stemming from events this spring. Senator Chuck Grassley of Iowa announced the Tax Relief Act of 2019. The bill would provide tax deductions for individuals and businesses affected by federally declared disasters that occurred between January…

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