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CITY OF FAIRBANKS v. METRO COMPANY

No. 2504.

540 P.2d 1056 (1975)

CITY OF FAIRBANKS, a Municipal Corporation for the State of Alaska, Appellant, v. METRO COMPANY, a partnership consisting of Robert J. Mitchell, et al., Appellees. CITY OF FAIRBANKS, a Municipal Corporation for the State of Alaska, Appellant, v. VAN HORNE LODGE, INC., an Alaskan Corporation, and 20,300 Square Feet of Land, more or less, located in the Fairbanks North Star Borough, Appellees.

Supreme Court of Alaska.

October 2, 1975.

Attorney(s) appearing for the Case

Frank Kernan, City Atty., Steven J. Call, Deputy City Atty., Fairbanks, for appellant.

Peter J. Aschenbrenner, Fairbanks, for appellees.

Before RABINOWITZ, Chief Justice, and CONNOR, ERWIN, and BOOCHEVER, Justices.

OPINION

ERWIN, Justice.

This case involves an attempted condemnation of certain parcels of land by the City of Fairbanks for purposes of the construction of a sewer line. Although the trial court determined that the City has the statutory authority to exercise the power of eminent domain over the properties in question, it nevertheless denied the petition for condemnation on the ground that the City had failed to sufficiently establish the necessity of the...

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