CITY OF SAN DIEGO v. SUPERIOR COURT

Docket No. L.A. 21653.

36 Cal.2d 483 (1950)

224 P.2d 685

THE CITY OF SAN DIEGO, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents.

Supreme Court of California. In Bank.

December 15, 1950.


Attorney(s) appearing for the Case

J.F. DuPaul, City Attorney, Douglas D. Deaper and Thomas J. Fanning, Deputy City Attorneys, for Petitioner.

Warren E. Libby and Harry A. Chamberlin for Respondents and Real Parties in Interest.


TRAYNOR, J.

The city of San Diego seeks a writ of prohibition to restrain the superior court from proceeding with the trial of a condemnation action pursuant to an order vacating part of an earlier order. The case is presented on demurrer by two of the defendants in the condemnation action, as real parties in interest, who are hereinafter referred to as respondents.

On December 14, 1945, the city brought an action to condemn certain land needed in the development...

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