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CAPISTRANO UNION HIGH SCHOOL v. CAPISTRANO BEACH

Docket No. 6373.

188 Cal.App.2d 612 (1961)

10 Cal. Rptr. 750

CAPISTRANO UNION HIGH SCHOOL DISTRICT OF ORANGE COUNTY, Appellant, v. CAPISTRANO BEACH ACREAGE COMPANY (a Corporation), Respondent.

Court of Appeals of California, Fourth District.

January 27, 1961.

Attorney(s) appearing for the Case

Stephen K. Tamura, County Counsel, Angelo J. Palmieri, John C. Sample and Adrian Kuyper, Assistant County Counsel, for Appellant.

Louis C. Viereck, Jacobs, Jacobs, Witmer & Nelson and M. Lyle Nelson for Respondent.

COUGHLIN, J.

The question for determination on this appeal is whether upon dismissal of an eminent domain proceeding after entry of an interlocutory judgment directing condemnation upon the payment of a specified sum, the court may award to the condemnee interest on the amount of compensation so fixed for the period of time during which proceedings to enforce such judgment or obtain a dismissal were stayed.

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