S-25-0247 Skyline Ranches Property Owners Association (Appellants) v. City of Omaha, Nebraska, Robert G. Stubbe, in his official capacity, and Jean Stothert, in her official capacity (Appellees)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Douglas County, Judge Jeffrey J. Lux
Attorneys: Jason M. Bruno (Sherrets Bruno & Vogt, L.L.C. for Appellants) and Ryan J. Wiesen (Deputy Omaha City Attorney for Appellee)
Civil: Writ of mandamus and street maintenance
Proceedings Below: Appellants filed a writ of mandamus in the district court in which they sought an order compelling Appellee to maintain certain streets in Elkhorn in a condition suitable for ordinary travel. Because the district court declined to issue the writ of mandamus, they appealed to the Nebraska Court of Appeals, which affirmed. See Skyline Ranches Prop. Owners Assn. v. City of Omaha, 34 Neb.App. 103 (2026). Appellant petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellants assign the following errors: 1) The Court of Appeals erred in disregarding over 100 years of precedent from this Court by permitting the City of Omaha to refuse to maintain streets that are undisputedly dangerous and inadequate for the traveling public; and 2) The Court of Appeals erred in disregarding the purpose and plain meaning of Neb. Rev. Stat. § 14-118(2) when it failed to conclude that the City of Omaha further obligated itself to maintain the Skyline Streets upon annexing the City of Elkhorn.