PEOPLE EX REL. DEPT. OF NATURAL RES. v. O'CONNELL

Docket No. 20092.

204 Cal.App.2d 34 (1962)

21 Cal. Rptr. 890

THE PEOPLE ex rel. DEPARTMENT OF NATURAL RESOURCES, Plaintiff and Appellant, v. O'CONNELL BROTHERS, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

May 23, 1962.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Ralph W. Scott and Robert L. Bergman, Deputy Attorneys General, for Plaintiff and Appellant.

Rankin, Oneal, Luckhardt & Center, Foley & Foley, Burnett, Burnett & Somers and John M. Burnett for Defendant and Respondent.


AGEE, J.

Plaintiff appeals from a judgment which denied it the right to condemn certain real property on the ground that there was no public necessity for such acquisition and the proposed improvement (public park) was not planned or located in a manner most compatible with the greatest public good and the least private injury.

The property consists of approximately 500 acres of ranch land belonging to respondent. Prior to the commencement of the action, the...

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