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STATE EX REL. ADAMS COUNTY HISTORICAL SOCIETY v. KINYOUN

No. S-08-339.

765 N.W.2d 212 (2009)

277 Neb. 749

STATE of Nebraska ex rel. ADAMS COUNTY HISTORICAL SOCIETY, Appellant and Cross-Appellee, v. Nancy KINYOUN, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 15, 2009.

Attorney(s) appearing for the Case

Thomas R. Burke, of Davis Wright Tremaine, LLP, San Francisco, CA, and Shawn D. Renner, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellant.

Paul M. Kaufmann, Special Assistant Attorney General, for appellee.

Sarah Stilwill, of Peters Law Firm, P.C., and Lucy A. Dalglish, Corinna J. Zarek, and Hannah Bergman, of Reporters Committee for Freedom of the Press, for amici curiae Reporters Committee for Freedom of the Press et al.

Shane E. Perkins, of Whelan & Scherr, Hastings, for amici curiae Lee Wigert et al.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

HEAVICAN, C.J.

INTRODUCTION

The Adams County Historical Society (ACHS) brings this writ of mandamus to compel Nancy Kinyoun, custodian of records at the Hastings Regional Center (HRC), to release the names of 957 people buried in the adjoining cemetery. ACHS claims that the information is a public record as defined by Neb.Rev.Stat. § 84-712.01 (Reissue 2008) and that Kinyoun did not have sufficient reason to deny access to that information. Kinyoun...

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