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COUNTY OF ALAMEDA v. MEADOWLARK DAIRY CORP., LTD.

Docket No. 21385.

227 Cal.App.2d 80 (1964)

38 Cal. Rptr. 474

COUNTY OF ALAMEDA, Plaintiff and Appellant, v. MEADOWLARK DAIRY CORPORATION, LTD., et al., Defendants and Respondents.

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

May 6, 1964.

Attorney(s) appearing for the Case

J.F. Coakley, District Attorney, and William S. Coit, Deputy District Attorney, for Plaintiff and Appellant.

James E. Cox, Tinning & DeLap and Bernard F. Cummins for Defendants and Respondents.

DEVINE, J.

The County of Alameda, acting in pursuance of a resolution of its board of supervisors, brings this action in eminent domain to acquire land owned by Meadowlark Dairy, a corporation,1 "for fairground uses and purposes of said county." Meadowlark defends on the grounds that the land is sought for use in connection with the parimutuel racing program of the fair, and that this is not a public use, but, indeed, a deleterious use...

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