A-25-0247, Skyline Ranches Property Owners Association (Appellant) v. City of Omaha, Nebraska
District Court for Douglas County, District Judge Jeffery J. Lux
Attorney for Appellant: Jason M. Bruno and Guillermo M. Martinez (Sherrets Bruno & Vogt, LLC)
Attorney for Appellee: Ryan J. Wiesen (City of Omaha Law Department)
Civil Action: Mandamus
Action taken by the Trial Court: The Appellants filed a complaint for a declaratory judgment and a writ of mandamus seeking to compel the Appellees to repair and repave the residential roadways of the Skyline Ranches residential subdivision. The district court dismissed the complaint without prejudice. The Appellants subsequently filed a verified motion for the issuance of a peremptory writ of mandamus. The district court entered an order allowing an alternative writ of mandamus to issue, and the Appellees answered. Following a show case hearing, the district court entered an order dissolving the alternative writ of mandamus and denying the Appellants’ verified motion.
Assignments of Error on Appeal: Appellants assign, restated and consolidated, that the district court erred in (1) failing to issue a peremptory writ of mandamus, and (2) dismissing their request for a declaratory judgment.