Opinion No. (1982)

REQUESTED BY: James J. McNally, Wheeler County Attorney, P.O. Box 97, Bartlett, Nebraska, 68622. 1. Is the County Board obligated to maintain the county roads within their jurisdiction and if so, what standard governs the maintenance of a particular county road?

2. If a mandamus action were brought against the County to maintain this road to meet minimum standards would lack of funds be a defense to the action?

3. If a mandamus action were brought against the County alleging abuse of discretion in maintenance of a county road and was successful, would the County be responsible for the relator's…