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CITIZENS UTILITIES CO. v. SUPERIOR COURT

Docket No. S.F. 21175.

59 Cal.2d 805 (1963)

382 P.2d 356

31 Cal. Rptr. 316

CITIZENS UTILITIES COMPANY OF CALIFORNIA, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; SAN LORENZO VALLEY COUNTY WATER DISTRICT, Real Party in Interest.

Supreme Court of California. In Bank.

June 13, 1963.

Attorney(s) appearing for the Case

Bacigalupi, Elkus & Salinger, Claude N. Rosenberg and William G. Fleckles for Petitioner.

No appearance for Respondent.

Wilson, Harzfeld, Jones & Morton and John E. Lynch for Real Party in Interest.

Martin McDonough, McDonough, Holland, Schwartz, Allen & Wahrhaftig, Raymond McClure and Myron B. Haas as Amici Curiae on behalf of Real Party in Interest.

PETERS, J.

Prohibition is sought by Citizens Utilities Company of California to restrain the superior court from proceeding to trial in an eminent domain action pending in that court in which action Citizens is the condemnee. It is contended that the respondent court has no jurisdiction to proceed.

The real party in interest, San Lorenzo Valley County Water District, filed in respondent superior court a complaint by which it sought to condemn, pursuant to...

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