Legal Opinion
Miro v. Superior Court
California Court of Appeal
Decided March 5, 1970No. Civ. 9893PublishedCited by 15 opinions
1Opinion of the Court
Opinion
TAMURA, J.
This is an original proceeding. Petitioners (the Miros) seek a writ of mandate to set aside an order of immediate possession issued by respondent court in an eminent domain action instituted by the City of Rialto, real party in interest herein, to condemn property for airport purposes.
The controlling issue is whether the right of immediate possession authorized by section 14, article I, of the California Constitution and section 1243.4 of the Code of Civil Procedure extends to property sought to be condemned for airport purposes. We have concluded that it does not and that…
2Cases cited46 opinions
- People v. Western Air Lines, Inc.California Supreme Court · 1954
- People v. RicciardiCalifornia Supreme Court · 1943
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Breidert v. Southern Pacific Co.California Supreme Court · 1964
- Carter v. Seaboard Finance Co.California Supreme Court · 1949
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3Cited by15 opinions
- Methodist Hosp. of Sacramento v. SaylorCalifornia Supreme Court · 1971
- Mosk v. Superior CourtCalifornia Supreme Court · 1979
- Randolph County Board of Education v. AdamsWest Virginia Supreme Court · 1995
- California Housing Finance Agency v. PatitucciCalifornia Supreme Court · 1978
- State ex rel. Natl. Lime & Stone Co. v. Marion Cty. Bd. of Commrs. (Slip Opinion)Ohio Supreme Court · 2017
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