STATE EX REL. STANSBERY v. SCHWASINGER

No. 42559.

289 N.W.2d 506 (1980)

205 Neb. 457

STATE of Nebraska ex rel. Karyn M. STANSBERY et al., Appellants, v. Paul SCHWASINGER et al., County Commissioners of Keith County, Nebraska, Appellees.

Supreme Court of Nebraska.

February 5, 1980.


Attorney(s) appearing for the Case

Firmin O. Feltz, Ogallala, for appellants.

Patrick B. Hays, Ogallala, for appellees.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.


CLINTON, Justice.

This is an action by the relators, rural property owners, for a peremptory writ of mandamus to compel the respondents, county commissioners of Keith County, Nebraska, to pass a resolution creating a road improvement district under the provisions of the Rural Road Improvement District Act, sections 39-1638 to 39-1655, R.R.S. 1943, Laws 1963, c. 213, p. 679. The District Court denied the writ, finding that the creation of the district involved a discretionary...

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