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STATE EX REL. TACOMA SCH. DIST. v. STOJACK

No. 34562.

53 Wn.2d 55 (1958)

330 P.2d 567

THE STATE OF WASHINGTON, on the Relation of Tacoma School District No. 10, Petitioner and Relator, v. FRANK STOJACK et al., Defendants, BARTLETT RUMMEL, Judge of the Superior Court of Pierce County, Respondent.

The Supreme Court of Washington, Department Two.

October 17, 1958.

Attorney(s) appearing for the Case

Leo Teats, for relator.

Burkey, Burkey & Marsico, for defendants.

WEAVER, J.

By writ of certiorari, Tacoma School District No. 10 presents for review an order of the trial court refusing to enter a decree of public use and necessity that would have permitted the school district to condemn defendant's property. The order dismissed the school district's condemnation action.

Prior to the commencement of this action, the school district had acquired approximately seventy-three contiguous acres of land, by other means than condemnation...

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