Wejac Utilities, Inc. v. Davenport

PATTERSON, Justice:

This is an appeal by Wejac Utilities, Inc. from a judgment of the Circuit Court of Jackson County. The judgment sustained a motion of the appellee landowner to strike the appellant’s answer to a writ of prohibition challenging the public need for land sought to be acquired by eminent domain proceedings. The landowner, appellee, contends that the eminent domain proceedings instituted by Wejac Utilities, Inc., who held a certificate of public convenience and necessity for the operation of a sewage system on adjacent land, seeks land not necessary to the public use. The basis…