State Ex Rel. Hilt Truck Line, Inc. v. Peterson

Hilt Truck Line, Inc. (Hilt), requested a writ of mandamus requiring the director of the Department of Motor Vehicles (department) to process Hilt’s application for proportional registration of its truck fleet pursuant to Neb. Rev. Stat. § 60-305.09 (Reissue 1978). The trial court denied the writ, finding that the director’s granting of a proportional registration is a discretionary duty. Hilt appeals, assigning as errors the court’s finding that issuance of the license was discretionary and the court’s failing to grant the writ of mandamus.

Hilt, a Nebraska corporation, is an interstate motor…