State Ex Rel. Stansbery v. Schwasinger

This is an action by the relators, rural property owners, for a peremptory writ of mandamus to compel the respondents, county commissioners of Keith County, Nebraska, to pass a resolution creating a road improvement district under the provisions of the Rural Road Improvement District Act, sections 39-1638 to 39-1655, R. R. S. 1943, Laws 1963, c. 213, p. 679. The District Court denied the writ, finding that the creation of the district involved a discretionary function of the county commissioners. The relators have appealed to this court, contending that the statutory function of the county…