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STATE v. COMMISSIONERS OF MADISON COUNTY

No. S-93-129.

527 N.W.2d 615 (1995)

247 Neb. 384

STATE of Nebraska ex rel. Arthur J. SCHERER and Sharrel M. Scherer and for all Other Persons Similarly Situated, Appellants, v. MADISON COUNTY COMMISSIONERS OF MADISON COUNTY, Nebraska, et al., Appellees.

Supreme Court of Nebraska.

February 10, 1995.

Attorney(s) appearing for the Case

Lynn D. Hutton, Jr. of Hutton, Freese & Einspahr, P.C., Norfolk, for appellants.

Joseph M. Smith, Madison County Atty., for appellees.

HASTINGS, C.J., and WHITE, CAPORALE, LANPHIER, and WRIGHT, JJ.

LANPHIER, Justice.

The relators prayed in the district court for Madison County for an alternative or preemptory writ of mandamus against the Madison County Board of County Commissioners. The relators sought to require the respondents to expend Madison County tax funds for the improvement and maintenance of public roads in the sanitary and improvement district (S.I.D. No. 3) in which the relators reside. The county had maintained the roads in the past, but stopped...

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