Narrative Opinion Summary
Greyhound Lines, Inc. appealed the dismissal of its petition for a writ of mandamus against the City of Omaha, which sought to compel the city to revoke a lease allowing a third party to utilize an alley adjacent to Greyhound's property for a bank building and parking garage. The Supreme Court of Nebraska upheld the district court's dismissal, not addressing the merits of the case, but ruling that Greyhound was not entitled to a writ of mandamus due to the existence of adequate alternative remedies available in the ordinary course of law. Specifically, Greyhound had already initiated a separate legal action and acknowledged during oral arguments that it could pursue an injunction. Therefore, the court affirmed the district court's decision based on the unavailability of the extraordinary remedy of mandamus when other remedies were accessible.
Legal Issues Addressed
Extraordinary Remedy of Mandamussubscribe to see similar legal issues
Application: The decision emphasized that mandamus is an extraordinary remedy that is not available when adequate ordinary legal remedies exist, affirming the district court's decision based on this principle.
Reasoning: Therefore, the court affirmed the district court's decision based on the unavailability of the extraordinary remedy of mandamus when other remedies were accessible.
Writ of Mandamus and Availability of Adequate Alternative Remediessubscribe to see similar legal issues
Application: The court determined that Greyhound Lines, Inc. was not entitled to a writ of mandamus because there were adequate alternative legal remedies available, such as an injunction, which Greyhound had acknowledged during oral arguments.
Reasoning: The Supreme Court of Nebraska upheld the district court's dismissal, not addressing the merits of the case, but ruling that Greyhound was not entitled to a writ of mandamus due to the existence of adequate alternative remedies available in the ordinary course of law.