State Ex Rel. City of Elkhorn v. Haney

This is an action by the City of Elkhorn, Nebraska, for a writ of mandamus compelling Julie M. Haney, the duly elected treasurer of Douglas County, Nebraska (Treasurer), to comply with Elkhom’s demand for weekly remittance of taxes and assessments levied by Elkhorn and collected by the Treasurer. The district court for Douglas County denied Elkhom’s request for a writ of mandamus, and Elkhom appealed. Because we find that the Treasurer has not complied with a clear legal duty imposed by Neb. Rev. Stat. § 77-1759 (Reissue 1996), we reverse, and remand to the district court with instructions to…