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MERCER ISL. SCH. DIST. v. VICTOR SCALZO, INC.

No. 34972.

54 Wn.2d 539 (1959)

342 P.2d 225

MERCER ISLAND SCHOOL DISTRICT NO. 400, Plaintiff and Relator, v. VICTOR SCALZO, INC., et al., Defendants, THE SUPERIOR COURT FOR KING COUNTY, Roger J. Meakim, Judge, Respondent.

The Supreme Court of Washington, Department Two.

July 30, 1959.

Attorney(s) appearing for the Case

Charles O. Carroll and Maurice M. Epstein, for relator.

Rosling, Williams, Lanza & Kastner (Joseph J. Lanza, of counsel), for respondent.

PER CURIAM:

Mercer Island School District No. 400 commenced this action against the defendants, Victor Scalzo, Inc., and Joseph Scalzo, Inc., to acquire from them, by condemnation, certain property for a school site, as provided by RCW 8.16.050.

At the hearing upon the petition for an order of public use and necessity, the owners appeared and resisted the granting of the order upon two grounds (1) that there was no...

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