S-25-0674 Plattsmouth Boat Club (Appellant) v. City of Plattsmouth, Nebraska (Appellee)
Appeal from the District Court for Cass County, Judge Michael A. Smith
Attorneys: Edward Hotz and Sydney M. Grad (Pansing, Hogan, Ernst & Buser, LLP for Appellant) and Damien J. Wright (Welch Law Firm, PC for Appellee)
Civil: Writ of mandamus
Proceedings below: Appellant sought a writ of mandamus to compel the City of Plattsmouth to repair an access road to its property. Both parties filed a motion for summary judgment, and the district court granted the City’s motion and denied Appellant’s motion. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in granting Appellee’s motion for summary judgment; 2) The district court erred in its reading and interpretation of Neb. Rev. Stat. § 16-610 in finding that the Appellee had no ministerial duty to keep dock road open; and 3) The district court erred in applying Neb. Rev. Stat. § 16-609 to this dispute.