NEBRASKA JOURNALISM TRUST v. DEPT. OF ENVT. & ENERGY

No. S-23-155.

316 Neb. 174

NEBRASKA JOURNALISM TRUST, DOING BUSINESS AS tHE FLATWATER FREE PRESS, Appellee, v. NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY AND SHAWNNA LARA, IN HER OFFICIAL CAPACITY AS RECORDS MANAGER FOR THE NEBRASKA DEPARTMENT OF ENVIRONMENT AND ENERGY, Appellants.

Supreme Court of Nebraska.

Filed March 15, 2024.


Attorney(s) appearing for the Case

Michael T. Hilgers , Attorney General, Eric J. Hamilton , and Christian Edmonds for appellants.

Daniel J. Gutman , of Law Office of Daniel Gutman, L.L.C., for appellee.

Derek A. Aldridge , of Perry, Guthery, Haase & Gessford, P.C., L.L.O., for amici curiae League of Nebraska Municipalities et al.

Marnie A. Jensen , Alexa B. Barton , and Aubrey Wells , of Husch Blackwell, L.L.P., for amicus curiae The Goldwater Institute.

Brian J. Fahey , of Fraser Stryker, P.C., L.L.O., for amici curiae Reporters Committee for Freedom of the Press et al.

HEAVICAN, C.J., CASSEL, STACY, FUNKE, PAPIK, and FREUDENBERG, JJ.


I. INTRODUCTION

This appeal presents two novel questions regarding the use of a writ of mandamus to enforce the public records statutes1 regarding agency fee estimates. In both instances, we must implement policy choices previously made by the Legislature. First, can mandamus be used? Based on the...

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