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YOUNG v. DODGE COUNTY BD. OF SUP'RS

No. S-89-1476.

493 N.W.2d 160 (1992)

242 Neb. 1

Frank and Deldine YOUNG, Husband and Wife, Appellees, v. DODGE COUNTY BOARD OF SUPERVISORS et al., Appellants.

Supreme Court of Nebraska.

December 11, 1992.

Attorney(s) appearing for the Case

Dean Skokan, Dodge County Atty., and Joe Stecher, Fremont, for appellants.

Warren R. Whitted, Jr., and Christopher R. Knust, of Lieben, Dahlk, Whitted, Houghton & Jahn, P.C., Omaha, for appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

SHANAHAN, Justice.

The Dodge County Board of Supervisors appeals from the judgment in a bench trial of a mandamus action, see Neb.Rev. Stat. § 25-2156 et seq. (Reissue 1989), in which the district court for Dodge County ordered the board to provide public "access" to isolated real estate owned by Frank and Deldine Young since its acquisition in 1977.

The mandamus was based on Neb.Rev. Stat. § 39-1713 (Reissue 1978), which provided:

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