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STATE v. MID-NEBRASKA RETARDATION SERVICES

No. 82-201.

333 N.W.2d 909 (1983)

214 Neb. 381

STATE of Nebraska ex rel. John DOE, Appellee, v. MID-NEBRASKA MENTAL RETARDATION SERVICES, a corporation, also known as Region III, Appellant.

Supreme Court of Nebraska.

May 20, 1983.

Attorney(s) appearing for the Case

William M. Connolly of Conway & Connolly, P.C., Hastings, for appellant.

Cunningham, Blackburn, VonSeggern, Livingston, Francis & Riley, Grand Island, for appellee.

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for amicus curiae Region V Mental Retardation Services.

Timothy F. Shaw, Lincoln, for amicus curiae Nebraska Advocacy Services for Developmentally Disabled Citizens, Inc.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

WHITE, Justice.

Relator, a mentally retarded person, brought this action in mandamus in the District Court for Hall County, Nebraska, to compel the respondent, Mid-Nebraska Mental Retardation Services, a corporation, to provide services to him as a person entitled to those services pursuant to Neb.Rev. Stat. § 83-1,141 (Reissue 1981).

After trial the court issued a peremptory writ directing respondent to provide the services. Respondent appeals and alleges...

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