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STATE EX REL. PARKS v. COUNCIL OF OMAHA

No. S-08-660.

766 N.W.2d 134 (2009)

277 Neb. 919

STATE of Nebraska ex rel. Charles O. PARKS, Jr., and Edward Rollerson, appellants, v. THE COUNCIL OF THE CITY OF OMAHA, Nebraska, also known as City Council of Omaha, Nebraska, et al., appellees.

Supreme Court of Nebraska.

June 12, 2009.

Attorney(s) appearing for the Case

Robert V. Broom, of Broom, Johnson, Clarkson & Lanphier, Omaha, and Amy A. Miller, of ACLU Nebraska Foundation, for appellants.

Alan Thelen, Omaha Deputy City Attorney, Omaha, and Michelle Peters for appellees.

Craig E. Groat, amicus curiae.

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

GERRARD, J.

Charles O. Parks, Jr., and Edward Rollerson (Relators) brought this action for a writ of mandamus against the Omaha City Council, seeking an order requiring the city council to employ and appropriate funds for a public safety auditor (Auditor). We conclude that the Relators have no clear legal right to the relief they seek. Accordingly, the district court did not err in denying the writ of mandamus. We affirm.

BACKGROUND

The Relators...

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